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Questions Answered by Elle J. Byram
1 Answer | Asked in Divorce, Family Law and Civil Rights for Colorado on
Q: Borrowed money to my still husband

My husband and I have been separated for a year and we are now just filing for divorce. During our separation he was Going through tough time and I borrowed him over $2600 . He now refuses to pay me back and I only have text messages to prove that I borrowed him the money. We only had an oral... Read more »

Elle J. Byram
Elle J. Byram answered on Sep 21, 2017

Oral contracts can be valid so long as they satisfy the statute of frauds. I believe yours would satisfy the statute of fraud. The texts messages may actually give you a written contract depending on what is stated in them and whether the essential terms are there - I.e. The amount you loaned him... Read more »

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