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legally speaking...?

15 replies

sixlostmonkeys · 15/11/2007 16:52

anyone know if...

x gives y a sum of money to pay some of y's bills, can x ever be entitled to the money back?

probably the vaguest question ever but it's the only way I dare word it.

OP posts:
Lulumama · 15/11/2007 16:53

if they give it, as a gift or whatever , then no, but a loan , then yes

would depend on any wording, contract etc

LIZS · 15/11/2007 17:00

I would have said they could unless it was written down as otherwise or x and y are married.

Lulumama · 15/11/2007 17:02

also would depend if any of the money given back previously maybe...

sixlostmonkeys · 15/11/2007 17:09

thanks

there was an agreement/understanding - but not sure if it was in writng

OP posts:
Lulumama · 15/11/2007 17:10

was there an understanding it was a loan and was any payment made?

Lulumama · 15/11/2007 17:10

you don;t have to explain if you cannot !

sixlostmonkeys · 15/11/2007 17:12

not as clear cut.

trying to word carefully here.

the understanding was that the amount should be given back if 'A' happened.

(going to run out of alphabet soon!)

OP posts:
Lilymaid · 15/11/2007 17:28

So it is a conditional gift?

LIZS · 15/11/2007 17:29

or conditional loan , you can look at it either way !

sixlostmonkeys · 15/11/2007 17:42

yes, it's conditional - but I don't think there was anything legally in writing

OP posts:
Lilymaid · 15/11/2007 21:27

An agreement (contract) doesn't have to be in writing, though that would help as evidence!

Fireflytoo · 15/11/2007 21:44

Most definitely would have to have discussed return of money beforehand...i would have thought?

Fireflytoo · 15/11/2007 21:44

Any witnesses? To back up your claim?

Lilymaid · 15/11/2007 21:50

Must just add that if it is a gift it isn't probably a contract. The terms of the gift don't have to be in writing provided both parties understood what the terms were - i.e. X gives the money to Y to pay bills but that Y should repay money to X if A occurs.

Judy1234 · 15/11/2007 22:02

Yes, as LM says.
In the Times today I think there was query about someone who gave money as her sister said the daughters were hard up. Next month she discovers they're off to Tenerife on holiday with the children! But there it was an unconditional gift. No question of it coming back. But if I said here is some money to pay your gas bill and you spend it on a dress then do we think it could be got back? It was given on one basis only.

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