Hmmmm...I guess it depends on how well you two communicated and the state of mind your H was in, I could see taking that one either way. No offense to you at all, but I personally would say "excuse me?" and ask what you really meant. I would never say anything like that myself because of the potential for misunderstanding. But that's me.
It's hearsay in court unless he has a record or witness of you saying this. Are you being deposed by his attorney or something?