Loan to spouse while separated


#1

If you took out the loan solely in your name, then the responsibility for the loan was yours alone. If she co-signed, then that is a different story. It appears you worked out your own deal with her and it was her prerogative to cancel the checks she had signed to you.
Since you were separated at the time of the “loan” and you willingly did this for her, I’m not sure if there is anything you can do. Maybe a sharp attorney could figure out a loop hole, but unless her name was on the loan or you have some type of official agreement (legal), I don’t see how you can hold her responsible for the money. Good luck.


#2

If you took the loan out in your separate name you are responsible to the creditors, however you may have claim for restitution from you ex. The courts will not interfere with transactions like this one which occur during the marriage. However if you were separated when this happened you may have a claim.
If you can gather sufficient evidence to prove the $9,000 you borrowed was given to her as a loan after you separated, that she used these funds for herself, and that you have some documentation (email communication, a promissory note, or any other document in which she acknowledges this as a debt) you could successfully pursue an action against her.
I am not a tax expert, you will need to check with a CPA in order to check the eligibility of a deduction for an unpaid debt (if you can prove the elements required), and the steps necessary to report her to the IRS if you chose to do so.

Erin E. Clarey
Attorney with Rosen Law Firm

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#3

When I separated from my soon to be ex spouse last year, we still had two home and were planning to consolidate. I found out a few things about her right after we got married (she wasn’t paying her taxes and a couple other things)and quickly separated and we never consolidated homes.

The home she had before we married was too expensive for her and she couldn’t really afford the payments. She came to me for a loan and because I believe she was still a good, honest person. I took out a loan for her for $9000 to help cover 3 months of living expenses. She was going to refi her house and then pay me back within 3 months and if she didn’t get it done in 3 months, I could use these signed blank checks she gave me to pay the loan payments for two additional months. At the end of the 3 months I called her and told her I need to use those check for payments and not only did she tell me she canceled the checks, but she was refusing to pay me at all…

A few questions…

A. What are my chances of getting this money back?
B. If I don’t, is there some deduction I can claim on my taxes?
C. Can I report her for not claiming this as income and paying taxes on this money she considers a gift.