Aurora, CO asked in Divorce, Family Law and Civil Rights for Colorado

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 contract. Do I have a case here ?

1 Lawyer Answer
Elle J. Byram
Elle J. Byram
  • Frisco, CO
  • Licensed in Colorado

A: 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 and that it was a loan for the most part. Regardless, if all you have are vague texts and oral agreements it may be difficult to win, but you can always file a small claims case against him (or try to get it into the divorce as an issue to be divided upon your final dissolution) and see what the court does.

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