Me and my husband are not living together for a long time, though still married. 4 months ago he borrowed a couple of thousands from me. Reminded him many times, but it seems like he doesn't want to pay. Now he plans to divorce, but I don't want to sign papers until I get my money back. Can he report me as a blackmailer? What is the best way to get paid back?
One thing as nothing to do with the other.
I am an attorney with over a decade of experience in Matrimonial and Family Law with offices in Brooklyn and Manhattan. I have experience in all five boroughs as well is Nassau and Suffolk County. The opinion expressed in this ad based upon the limited information provided and do not indicate an attorney-client relationship
That is not blackmail. That is negotiating......................................................................................................
I am a former federal and State prosecutor and have been handling criminal defense and personal injury cases for over 18 years. The above answer, and any follow up comments or emails, is for informational purposes only and not meant as legal advice.
Blackmail isn't a family law matter related to money between a husband and wife. Blackmail is a crime.
The money was given during the marriage from one spouse to another, so it is likely most would not even treat it as a loan, unless you have some sort of evidence that it was a loan, in the form of a promissory note, or a series of emails, or letters, etc.
So, getting the money back is one thing. Getting the divorce is another thing entirely.
If the amount of the money loaned is less than $5000, I'd suggest that you look at a possible action in small claims court, provided that you do not want to wait until the divorce is final to get the money back. The problem you will run into here is, obviously, that you are still married. Normally marital assets are considered joint assets (and marital liabilities are normally considered joint liabilities).
Before you sit down with your divorce attorney (you should at least consult one in this instance), get the information on this "loan" together, and take it with you to a consultation to see if the attorney has ideas about how to work this "loan" in as part of the division of assets for the divorce settlement.
Now to the crime of blackmail - under the current NY law, if someone tried to take money in exchange for a promise not to expose a secret or publicize an asserted fact, whether true or false, tending to subject some person to hatred, contempt or ridicule, then that person would be guilty of EXTORTION. Here's the basic problem - whether the money is YOUR property versus marital property is the underlying issue. Again, the question of whether this applies to your facts and circumstances is one to discuss with counsel.
Since divorce is already on the table, I suggest sitting down with counsel and discussing these and other issues. If counsel recommends filing a criminal report, then do so in conjunction with the divorce action. If the man doesn't have two nickels to rub together, then you should still consider getting a judgment against him to make sure that any future earnings he makes go to immediately pay your money back.
Best of luck.
This does not constitute legal advice or the engagement of my services as an attorney.
You need to speak to an attorney. I would file suit against him for those monies. Do you have any writing memorializing the agreement. If so you can assert a breach of contract claim.
If you did not execute a contract (loan agreement) with your husband, then he owes you nothing and no court will order him to pay you back. The fact you are living in separate locations makes no difference. He is your husband.
Divorces cannot be successfully accomplished without a lawyer.
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