Jason, a licensed builder, agreed to replace his mother-in-law’s roof for $20,000, after it was damaged in a serious storm.
But he didn’t bother to draw up any paperwork to formalize the job. After all, this was family.
He even knew she had filed an insurance claim that would cover most of the bill. But when the work was done, she decided to keep the money — and Jason was left unpaid, with nothing more than a verbal promise to back him up.
This scenario isn’t just about shingles and invoices. It’s about trust and the painful reality that when money and family mix, the fallout can be both financial and emotional. Unlike loaning a few hundred dollars, this was a major financial undertaking, one that left Jason carrying the loss and the relationship carrying the scars.
Financial experts often warn of the consequences of loaning money to our loved ones. Dave Ramsey even goes so far as to say it can create a “slave and master” relationship [1].
Lending or working for relatives feels safer than dealing with strangers, but it’s often riskier. Many people assume contracts are unnecessary when dealing with loved ones. But legal experts and financial planners stress the opposite: clear agreements are even more important when family is involved.
One of the most common mistakes when lending money or services to family or friends is failing to put terms in writing. That’s because when disputes arise, it becomes a matter of one person’s word against another’s. And unlike a defaulting friend, a family member can’t be easily cut out of your life. The emotional damage lingers long after the money is gone.
The do’s and don’ts here are simple but tough to follow. Don’t lend or invest more than you can afford to lose. Don’t skip paperwork just because you share a last name. And do set clear boundaries upfront, even if it feels awkward.
Read more: Here are 5 simple ways to grow rich with real estate — whether you have $10 or $100,000 to invest
The $20,000 roof job should have come with a written contract outlining the work to be carried out, a payment schedule and what happens if the homeowner receives an insurance payout. A contract protects both sides and gives the worker legal recourse if the agreement is broken.
Without paperwork, there’s still a chance of getting paid what you’re owed, but it becomes much more difficult. In most states, a verbal contract for work can still be enforceable. However, this only works when there’s evidence that the work was completed and of the terms agreed. That may mean texts, emails or even testimony from neighbors who saw the project underway.
Small claims court could be an option if the amount falls under the state’s threshold, which can range from $2,500 to $25,000 [2]. For larger amounts, pursuing civil court with an attorney may be necessary.
Filing a mechanic’s lien [3] — a legal claim against the property until payment is made — could also be an avenue. However, it requires strict compliance with state deadlines and procedures, and, in many cases, a suit using a lien as leverage may require a written contract.
If no other legal avenues work, consider filing an unjust enrichment claim. These claims apply when one party receives a benefit and does not fairly compensate the other party who provided it. They aren’t tied to contracts and, if successful, can result in the claimant receiving any money owed.
The lesson is painful but clear: no matter how close the relationship, treat family transactions with the same seriousness as business ones.
If you’re ever tempted to help a relative with a major financial favor, here are some ways to do it without jeopardizing your wallet or the relationship:
Put it in writing: Even a short, plain-language contract signed by both parties can save heartache later.
Set boundaries: If the request stretches you beyond your comfort zone, say no. Guilt shouldn’t push you into financial jeopardy.
Think like a lender: Would you give this money or service to a stranger under the same terms? If not, rethink.
Protect your credit: Never co-sign loans or take on debt you can’t cover yourself if the relative defaults.
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[1]. TikTok. “Dave Ramsey”
[2]. NOLO. “50-State Chart of Small Claims Court Dollar Limits”
[3]. Cornell Law School. “Mechanic’s lien”
This article provides information only and should not be construed as advice. It is provided without warranty of any kind.
