When the couple got married, the father of MRS took out a mortgage on his own home to the tune of 1,000,000nis in order to help the young couple buy a home. At the time they made a verbal agreement that the young couple would pay the monthly mortgage payments.
Eventually, sadly, the couple ran into rough times in their relationship and decided to divorce. They agreed to sell the apartment and pay back the debts and then divide the rest of the value of the apartment. Mr then went and claimed in beis din that the million shekels given to them to buy the house was a gift, not a loan. Meaning, the father will have to repay his own debt and the separating couple does not need t pay that debt back from the assets. Mrs counter-claimed saying it was a loan, not a gift and the debt should be paid back from the sale of the apartment.
Upon investigation, the beis din discovered that the process actually was the father sold his house, gave the money to the couple to buy a house and then bought a new place for himself with a mortgage. After going through the halacha and responsa on the issue, the members of the beis din concluded that the money was a loan and not a gift and must be repaid.
source: Kikar
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