Ex partner in small claims action

wowiezowie

I have a relative who's ex partner is taking her to small claims court regarding the ownership of a bed.
My relative has her own home and her ex used to stay 3 to 4 days a week. He purchased a bed for them both and it was delivered to my relatives address where they shared it.
Their relationship has ended and he is now taking her to court asking for the bed back or half of the cost (which would work out at £1000)

Her defence is that she never agreed to 'go halves' on such an expensive bed, she was under the impression that is was a gift that they would share, she had no idea that the relationship would end.
The bed is in his name and he is still paying it off in installments.

There is no written agreement that they would share the cost.
He claims that during their relationship he paid rent or bills on occasion which is untrue. There is no written proof that he contributed anything money wise during their relationship.


Her wish is to keep the bed as it has been at her house since it was purchased, the court case is next week but I'm interested to find out if people here think that the court would rule in his or her favour?

DannyBo

He bought the bed - half the cost is the very least he can expect.

Don't let Judge Judy get wind of this.

conradmum

I would think that if he has proof of purchase, and if she can't produce any evidence that it was a gift, the court would rule in his favour. I too think she should give the bed back anyway.

wowiezowie

conradmum wrote: »

I would think that if he has proof of purchase, and if she can't produce any evidence that it was a gift, the court would rule in his favour. I too think she should give the bed back anyway.

I'm not really interested in what people think should happen, I just want opinions on what people think the outcome will be in the small claims court.

bebewoo

Sorry to disagree, but I think that a bed is the kind of item that WOULD be a gift, it has (or had) connotations of love etc.
If he can't produce any evidence that it wasn't a gift then it will be up to the court to decide who is telling the truth, and it could go either way.
My ex bought me a bed because he said mine was uncomfortable, when we split up he wouldn't have dreamt of asking for it back - that would have been so ungentlemanly.

wowiezowie

They were in a relationship for 6 years and at the time of purchase my relative told him not to buy the bed as she was worried what would happen if the relationship ended, he assured her it wouldn't and went ahead with the purchase.

conradmum

wowiezowie wrote: »

I'm not really interested in what people think should happen, I just want opinions on what people think the outcome will be in the small claims court.

You'll always get answers to questions you didn't ask if you post on a public forum. I imagine this thread will get worse responses than mine. Let us know what the court says, won't you? I'd be interested to hear.

Fire_Fox

If anyone can tell you what the legal position is it would be a solicitor not unqualified inexperienced people on MSE, lovely as they are.

IMO a double bed is not clearly a gift from one person to another as clothing or jewellery would be. Normally when a couple live together and they split up they do divide up the furniture, taking back anything they paid for or brought with them. If you gift something to someone you don't generally use it yourself.

A complicating issue is that staying three to four days a week could be deemed as living together by some authorities (eg. DWP, councils) even if the ex maintained a property elsewhere. That changes the nature of the relationship as you presented it, and may mean she should have been paying full council tax (if she wasn't anyway). Not sure I'd want that much information on public record if its a bit of a grey area.

*max*

Fancy going to court over a £200 bed. Seriously.

Slinky

*max* wrote: »

Fancy going to court over a £200 bed. Seriously.

£2000 surely if half is £1000.

Did the OP's relative have a bed they were perfectly happy with but had to dispose of because the OH bought a new bed?

*max*

Sorry, £1000 then.

A chainsaw would be cheaper.