Not a loan but solicitor treating it as such

Thrugelmir

Solicitor will act on their clients instructions. So suggest you sit tight. If there's no formal documentation then onus is on ex to prove. Verbal disputes alone cannot be resolved in court.

boo_star

Thrugelmir wrote: »

Solicitor will act on their clients instructions. So suggest you sit tight. If there's no formal documentation then onus is on ex to prove. Verbal disputes alone cannot be resolved in court.

I think in this example it's for the partner to prove.

jonesMUFCforever

What if the court asks the partner for proof that he withdrew the cash - whether this was in cash or any other form?
He provides this proof ie a bank statement say - the court may then ask the ex for bank statements on his account under summons - and if they show a similar credit to his account - what conclusion would a reasonable person come to?

duchy

That money was withdrawn and paid- Sheds no further light on whether it was a loan to the OP or not though.

CKhalvashi

duchy wrote: »

That money was withdrawn and paid- Sheds no further light on whether it was a loan to the OP or not though.

It would depend on how long they were together, and whether they had any joint finances methinks.

IMO, no joint finances and recently together = loan.

Joint finances and together a long time = gift.

I am not legally trained, and anything I've loaned to OH has relevant paperwork; I know I'll probably not get it back, but it's still a liability IYSWIM.

CK

jonesMUFCforever

You still have not told us how much money is involved.
This really could have a bearing on advise here and why he is going through a solicitor for the return of it.

jellie

So partner has, presumably, been contributing financially to the upkeep of your house. He also enabled you to be the sole owner of the property by paying your ex off - money which you yourself would have otherwise had to find. He's been removed from the property and has been left with nothing while you still have the house.

Of course he should not have behaved in the way he did but that aside, I think it's understandable that he now wants his money back.

angelsmomma

You have still not answered how much money he gave your ex.

angelsmomma

nickiebabe35 wrote: »

No didn't contribute to upkeep of house and i only have sole responsibility of house now due to what's happened. This was the option he chose I wanted ex to take over house and us to rent a place believe me with a life threatening heart condition, children and a small wage this wasn't what I wanted

Yes, but you did not have to agree if you did not want to. Both you and your ex agreed.

angelsmomma

I see the op came back and removed the post I quoted but still did not answer how much the ex got from the partner.