Is it ok to give a loan to your family without a lawyer?

I am thinking giving my fiance some money to pay off his business loan. It is also an investment for myself. We dont have the money to hire a lawyer. Is it ok to get a form on legal sites and just sign it ourself? Do we have to noterize these forms? The deal will states that I will get my money back with interest and few % parnership if we ever split.
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Answers (2)

Steve Fromm

Steve Fromm

Contributor Level 7
If you are talking about any significant amounts here, do yourself a favor and get a lawyer. Generally, family loans end up not being loans but gifts; do not kid yourself in believing otherwise. So consult with an attorney to see if this "loan" really makes sense. Protect yourselt by getting an objective third party opinion about the advisability of entering into this transaction.
From a personal perspective, you need to ask yourself what would happen if you just said no to this loan. Or if you are really brave ask your fiance directly-you may be shocked at the answer.

Hope this helps.

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Kaiser Wahab

Kaiser Wahab Avvo Pro

Contributor Level 6
Based on your "repayment" terms alone, I think that you should consult an attorney if this is more than a few thousand dollars in monies. Generally speaking you would want more detailed and robust repayment options with acceleration clauses and other protections, if you require repayment or need to enforce against non-payment. Also, there is a gift tax issue that you will have to deal with if you do not charge interest.

I hope this helps.

Disclaimer: This answer is for informational purposes only and does not constitute general or specific legal advice, nor create an attorney client relationship.
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