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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12297
Experience:  30 years as a practising solicitor.
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hi there.I was married for 6 years and now separated as my

Customer Question

hi there. I was married for 6 years and now separated as my wife cheated on me, before we got married my wife asked her aunty for money to pay for the wedding and now the aunty wants me to pay her back. I was not in the country at the time and did not ask for the money also I was under the influence after we were married that this was a gift. Legally do I have to pay her the money or does this lie with my ex as her debt as we weren't married when she borrowed the money?

Submitted: 4 years ago.
Category: Scots Law
Expert:  JGM replied 4 years ago.
Thank you for your question.

If you were not a party to this loan/gift as the case may be then you are not liable to repay the aunt as there is no legal relationship of debtor:creditor between you and her.

However that is not to say that the debt is not a matrimonial debt which may be taken into account is assessing the net value of matrimonial property owned by you and your wife.

In other words, if your wife has to repay the aunt, your wife can argue that the repayment should be taken into account in the calculation of what each of you get by way of matrimonial property.

However, the aunt cannot demand payment directly from you, in the same way that if your wife had taken a bank loan, the bank couldn't demand repayment from you but the amount of the loan would still affect the financial split between you and your wife.

I hope this helps. Please leave a positive response so that I am credited for my time.