I would think that the total amount would be included and divided. It’s a valid debt and even though it’s from a relative who is deceased, it is still debt. That there was an agreement signed makes at the very least the $6000 valid, especially if your father kept documentation of all money borrowed.
Your ex probably believes that your mother will be giving you this money and does not feel that he should have to pay since it’s a deceased relative…
I believe that if your mother puts a lien on the home it will also affect you finacially, since ED is not resolved.
My husband’s ex mother-in-law asked him to repay the loan that was given to both of them. He did not see the point of arguing about his stbx paying back half, so when he did pay it back, she turned around and gave it to her daughter, his ex, so that she could afford to take him to court…
Loans from family members can be included as marital debt, the court considers these on a case by case basis.
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
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301 McCullough Drive
Charlotte, NC 28262
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My stbx and I are arguing over debt in order to figure out equity. I borrowed funds from my parents. My father had both of us sign an agreement that we agreed to pay the debt back to him/or his estate The amount ws $6000. Then, he also showed that I had borrowed an additional $4000 over several years and again has documentation of what it was for. He shows the total debt as $10000 for Informational Purposes but we signed for the $6000. My dad is now deceased but I do still owe the debt to his estate. I say we should get to include the $10,000 as it wasused to pay for bills/living expenses when my stbx wasn’t working. The statement was not notarized but clearly, we both signed it. STBX says none of it should count. I say debt is debt…just like a credit card but no interst. How would the Court view this? Would it be better for my mom to put a lien on the house so that this debt is incorporated?