Not a loan but solicitor treating it as such

Nickiebabe34

Now this is a wierd story...my husband and I split and he stayed in marital home and I stayed with new partner. Ex wanted to move on and we wanted to move in to marital home. Partner was told by mortgage advisor that he didn't earn enough to take over mortgage from ex. Partner then paid ex a sum of money to leave the house but despite nagging didn't get any contract drawn up. Four weeks ago partner was removed from house by police for domestic violence and he is now demanding the money he paid back. In his solicitors letter to me and ex it states that WE never arranged for him to go on mortgage even though he had already said he couldn't . He is lying to his solicitors and his family as he will do anything to get money he paid back but it was never a loan! Help please

jonesMUFCforever

Worst case scenario - he gets a charging order on your house. It will be up to a judge then to decide on the validity of the 'loan' or not.


If you were the partner would you not want the money back?

jonesMUFCforever

Anybody can put a charge on your home - only a judge can enforce it.


You did say partner paid a sum of money to ex in exchange for moving out - is that right?


I can see an argument from his side in wanting the money back .Whether legally or morally he has a case I do not know.


I suggest you take legal advice.

jonesMUFCforever

Well you know he gave ex money - how much are we talking about here?

Poppy9

You've also now posted on a public forum that he gave ex money to leave.

While he might be a thug you've ended up with a house in your name only after he paid your ex to leave. He could say he loaned you the money to help you get the house

dacouch

I think you need to separate the domestic violence from the financial issue

boo_star

Poppy9 wrote: »

You've also now posted on a public forum that he gave ex money to leave.

I don't see the relevance of this, the partner claims it was a loan, the OP says it was a payment.

The OP has only said it was a payment so if you're thinking the solicitor could use it against the OP then, well, I can't see how they can.

Poppy9

boo_star wrote: »

I don't see the relevance of this, the partner claims it was a loan, the OP says it was a payment.

The OP has only said it was a payment so if you're thinking the solicitor could use it against the OP then, well, I can't see how they can.

Just thinking that as the OP is so angry at ex partner and feels he's lied then she too might lie that any exchange of money took place and could be caught out by what is posted on a public forum.

boo_star

Poppy9 wrote: »

Just thinking that as the OP is so angry at ex partner and feels he's lied then she too might lie that any exchange of money took place and could be caught out by what is posted on a public forum.

Fair enough but as I understood it we've passed the he said she said stage as far as the solicitors go.

Poppy9

boo_star wrote: »

Fair enough but as I understood it we've passed the he said she said stage as far as the solicitors go.

The OP hasn't indicated if she has responded to the solicitors, rather she has come on her for advice.

I

boo_star

Poppy9 wrote: »

The OP hasn't indicated if she has responded to the solicitors, rather she has come on her for advice.

I

Sorry.

I re-read the OP and they haven't yet replied.

However there doesn't seem to anything the OP has lost by posting here, the payment isn't disputed, the partner claims it was a loan the OP and ex say one off.

I doubt there's fodder for partners solicitor (currently.)