My parents lent my husband & I money while we were married. I now want to make sure that they get their money back during our divorce. Can my parents get their money back that they loaned us when we got married?

  1. Maybe. If your parents lent money to either or both of you, and that loan is memorialized with the appropriate documents (ie note, mortgage, etc.), and it was incurred during the marriage to support the family (is “marital debt”), then it would arguably be treated similar to any other marital debt. In these cases, the opposing side will typically argue that the debt was not a loan but that it was a gift (and thus, doesn’t need to be repaid). There are a number of ways to evidence that this was not the case. If you find yourself in this situation, contact an attorney to go over the details of your case and to prepare this argument as best you can.