Loan for ex partner - can a legal document be made ?

lonefather

My ex partner wants me to get a loan for her in my name.

Its to pay 6 months rent in advance because she cannot get a guarantor.

She will be on housing benefits as a single parent.

If I were to get a loan for her, she would have to pay it back using the money from her housing benefit.

But is there some way a legal document could be drawn up so that she has to give me that money from her housing benefit to pay her loan off which is in my name.

I am worried in case she doesnt make the payments.

terryw

See previous thread on this.

EVEN if you get a legally binding agreement, how on earth will you enforce this if she does not pay you?

Gillianh2

OP
I read your previous thread. I cannot help but feel you are being blackmailed and your child is being used as a pawn. IMO as your EX initiated this split and move she should be be getting the rent and expenses sorted herself.

If you took out this loan, how can you make her repay you, it would be down to emotional blackmail again, the Baby needs this or that. I find it odd that her Mother is promising you that your Ex wont move anyone else in. How on earth can she be so sure.
From your previous post her Father has a fairly thriving business so why doesnt he lend her the Money. I think if you think hard enough you will know the answer to that one..................... Its because her Father cant be sure she would repay it.
Please dont take the loan. Take legal advie regarding access to your Daughter and stop letting your EX take you to the cleaners emotionally and finanacially.

lonefather

Gillianh2 wrote: »

From your previous post her Father has a fairly thriving business so why doesnt he lend her the Money

I wish (and he probably does too) that this were true becuase it would make things easier.

Unfortunately this aint the case though and my ex's parents werent even able to help her raise some money for the deposit.

This is why my ex has had to go and do some part time work to raise the money herself.

She did want me to get a loan for the deposit so I was releived when she decided to do some work to get it herself.

The guarator problem is not so easy (or even impossible) to solve.

Im only looking into as many different options as I can, for my sake and my childs.

I want us all to move back to where we came from and have my child in a decent house, nursery and school.

That is the only reason Im trying to come up with a solution - because it affects me and my child.

I have no control over anything else that happens.

lonefather

terryw wrote: »

EVEN if you get a legally binding agreement, how on earth will you enforce this if she does not pay you?

Im no expert on law and stuff.

But I thought if its a legally binding agreement it means it is enforceable ?

Otherwise whats the point of having a legally binding agreement ?

I dont get it ?

In that case, I could be guarnator on a house and if I had to pay rent because the tenant defaulted on payments, I could choose not to pay it and it wouldnt be enforceable.

Hope you dont think im being funny cos im not and appreciate everyones replies.

Im just confused - what would be the difference between a legally binding agreement and being a guarantor who has to sign a legally binding agreement ?

Why is one enforceable and the other not ?

Eric_Pisch

lonefather wrote: »

Im no expert on law and stuff.

But I thought if its a legally binding agreement it means it is enforceable ?

Otherwise whats the point of having a legally binding agreement ?

I dont get it ?

In that case, I could be guarnator on a house and if I had to pay rent because the tenant defaulted on payments, I could choose not to pay it and it wouldnt be enforceable.

Hope you dont think im being funny cos im not and appreciate everyones replies.

Im just confused - what would be the difference between a legally binding agreement and being a guarantor who has to sign a legally binding agreement ?

Why is one enforceable and the other not ?

to get the money you would have to go to court, and the mother would just say i have no money and a child to support, you would get £1 a month for 20 years, courts always favour mothers with children

terryw

lonefather wrote: »

<snip>
Im just confused - what would be the difference between a legally binding agreement and being a guarantor who has to sign a legally binding agreement ?

Why is one enforceable and the other not ?

If someone is accepted as a guarantor they will be an upstanding person with assets and things like a house of their own. If they do not fulfil their obligations they can be taken to court and various enforcement measures put into place. Measures like seizing the bank account, sending in the bailiffs in or collecting the debt direct from wages. If the debtor is a "man of straw" then these measures will have no efect.

There is all the difference in the world between having a legally binding agreement and then enforcing it.

Ask yourself how you could enforce any agreement against your ex.if she decided not to abide by the legally binding terms.