Any way to hold someone legally responsible without an actual contract?

Diddy_King

New member
Jul 9, 2009
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Basically several years ago my brother borrowed $40,000 from my parents to fight for custody of his kids. My parents didn't have that kind of money just laying around so they took a mortgage out on the property/house. He paid back a bit of it (though no where near the original amount borrowed, so factoring in the interest on a 15 year mortgage he still owes a ton of money). Well the problem is my dad died a couple years back and since then my brother has "disowned" my mother and the rest of us by proxy. Considering they were lending the money to their son they didn't make him sign a contract, so is there anyway legally to get him to pay back the money he borrowed?

I'm 23 and the money was borrowed something like 9 years ago. I am now stuck paying the note on the mortgage that I didn't see penny one of. My mom still receives a bit of Social Security Benefits, but it only adds up to something like $1200 a month. The mortgage is something like $490 and on top of that I am paying about half the bills in the household. I am tearing my savings apart trying to keep this house running and it's getting to the point that I just want to abandon ship and to f*** with the consequences.

So once again is there any legal way I can get back the money my brother should have payed towards the mortgage of the house?
 

McPulse

New member
Mar 23, 2011
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Unfortunately, if your country is founded on English Common Law (UK/America/Australia/Canada), people cannot sign binding contracts with other members of their immediate family. Since ther wasn't even a contract in the first place, that's two points against your favour.

My advice is to find a family mediator and discuss the matter in a low-cost, informal environment then if that doesn't work take him to court with a duty of care case about him depriving your family of the necessary funds to survive.

I'm sorry, man, but legality and ethics are rarely aligned.



EDIT: If he's paying upkeep, I'm sorry but there is very little you can do to challenge it. File for bankruptcy and wipe the debt clean. It will scar your mother's record for the rest of her life, but unfortunately that's the way these things fall.
 

Pandaman1911

Fuzzy Cuddle Beast
Jan 3, 2011
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Nope. There's nothing you can do about it, man, save for bankrupcy. That sounds really rough, and I wish I could do more than say "that sucks".