Do I have to pay him back?

LisaJayne_2

Hi everyone.
Am a regular poster on this board but am having to be "undercover" at the mo, you will understand why when you read on.
I have been in a relationship for 4 years and my oh was living with me for 1 of those years in my house that I have lived in for 10 years. He paid for lots of renovations to be done, new kitcxhen etc which I never asked for, in fact I positively discouraged it, I cancelled the new kitchen he ordered because I was unsure of the relationship but he re ordered it.
Now he has moved out and I really want to end the relationship but I owe him about 10K.
I am a single parent and a student. (He is not my kids Dad)
Do I have to pay him all the money back? And if so, can I pay it back in installments?
Would really appreciate the advice...any legal eagles out there?
thanks
Lisa

hobo28

Was there any agreement? Did you agree to repay or was it a "gift"?

I think in the absence of any written agreement, it would be hard for either of you to prove what was agreed. That said, if it were me, morally I think I'd have to pay something.

Nicki

Do you own the house or is it rented? Did he contribute to the mortgage or pay you any rent? This is a tricky area of the law, and if you own the house you would be well advised to seek proper advice on this subject, from the CAB if you cannot afford a solicitor. There used to be circumstances in which a partner contributing towards home improvements may be considered to be acquiring an interest in the property, but I don't know if this is still the law. It's years since I studied this area of the law, its a complicated question, and the law may have changed since then in any event, but I would seriously recommend you check it out sooner rather than later.

kelloggs36

Unless there is a written agreement or you are liable for any finance by way of your name being on the agreement, I feel it would be difficult for him to prove. My ex ordered some wardrobes for us on finance and then moved out. AS his name was on the agreement he was liable and although he tried to argue it, I was never pursued as as far as legalities were concerned, he was solely responsible.

LisaJayne_2

I intend to pay him SOME of the money back but not all as I did not want some of the stuff doing anyway. The house is mortgaged, I have lived in it for 10 years, 8 of those as a single parent.
There was not written agreement and he did contribute towards the day to day living/running costs by paying me a direct debit into my bank every month, £400. He earns £39k a year so not as if he is skint.
Thanks for all your help, I really appreciate it as I am desperately trying to work out what to do next without risking losing mine and kids home...
thanks all
L

magyar

Can I just clarify something: is the £10k you owe him solely for the kitchen/renovations or is there other things too? E.g. did he actually lend you any money?

Regarding him contributing to the living costs, this isn't recoverable or due to him as he lived there and therefore would have been liable for this.

I can't see that you are legally obliged to pay anything to him, and are only morally obliged to pay your share of any material improvements or repairs which he paid for and you agreed to at the time.

Becles

A friend bought a house with a woman, but it was her name only on the mortgage as he has had CCJ's and debt problems.

Anyway, he paid for a lot of fixtures to be put in such as money towards the kitchen, wooden flooring etc. He did a lot of the work himself to save costs too. Shortly after the work was done, and the house was spanking new, she told him it was over and he had to move out.

He never saw a penny of the money he put into the house, and was unable to persue it with a solicitor as he didn't have the money to pay his legal bills if it went wrong.

Therefore I would say he cannot persue for the money, but do check it out and make sure. It's better to be informed about these matters as it makes you more confident in dealing with them.

magyar

Out of interest, Lisa, you presumably have a figure in mind that you think you morally owe him? Have you asked him whether he'll accept that and explained your reasoning?

If he accepts that, then to be frank he'll just have to accept installments if that's all you can afford. IF it could be proven to be a legally binding debt, which I doubt, and IF he took you to court, a court would also agree that you can pay back at a reasonable rate. It certainly wouldn't make you and your kids homeless.

I really can't see any way in which you could lose your home here, so don't worry.

Spendless

Nicki wrote:

There used to be circumstances in which a partner contributing towards home improvements may be considered to be acquiring an interest in the property, but I don't know if this is still the law. It's years since I studied this area of the law, its a complicated question, and the law may have changed since then in any event, but I would seriously recommend you check it out sooner rather than later.

What Nicki has said here is what I was advised by a solicitor when I bought a house on my own in 94 (I was querying if I later met a bf who moved in would he be entitled to anything in case of a later split). He also advised me each case is judged on its own merits. Whether the fact you didn't want the stuff will come into it I'm not sure cos at the end of the day the work was still done on your house -with your permission? eg you didn't come home from work one day to find a new kitchen you knew nothing about-or did you? If your ex is asking for the money back I think you may be wise to consult a solicitor.

HTH

LisaJayne_2

Thanks for all the replies.
There was some UPVC replacement windows and doors which I am happy to pay him back for also a new kitchen. Things started to go a bit wrong so I phoned Homebase and cancelled the kitchen order as I did not want to end up in this situation. Came home one night and he had ordered another one from internet..I think he thought it would all be alright.
I had half an hour free legal advice and he seemed to think I would have to pay him back what he put into the house BUT lots of other people told me this is not so. So I am confused. If there are any legal eagles on here I would appreciate your thoughts.
I earn less than 10k a year, am single parent and student. He earns around 40k a year, has bought himself detatched house in another town, he has no kids, if thats relevant.
Still seeing each other but I cant stand it anymore, really unhappy

Imelda

LisaJayne,

What a horrible situation!

Has he actually asked for any of the money?

It is a tricky area this one but I think this is what you have for you:
1. You have lived in the house for 10yrs, he had only lived there for 1, so any market gain in the house would be yours anyway
2. It was bought in his sole name, it could be a gift
3. You are a low earner, they can't take what you don't have, the only problem might be the equity in your house, I think the court can award him a charge on your property (worse case I reckon). Would you be eligible for legal aid?

Against:
1. It doesn't matter that you didn't want the kitchen etc, you are benefitting from it
2. Generally it is the case that you should be able to get out what you put in

Have you been to see the CAB?