Appellate Practice Attorney serving New York, NY
Yes. Most contracts don't have to be written to be enforceable, and the agreemen't you've described doesn't appear to be one that is required to be in writing (unless it was one which could not be fully performed within a year.) The problem is proof. Without a writing, or other evidence beyond the testimony of yourself and your ex, the Court is just as likely to believe her if she testifies that the money was a gift as your story that it was a loan.
Answered on Oct 05th, 2015 at 9:25 AM