Family loan dispute

fevlo

poppasmurf_bewdley wrote: »

I would have thought the debt would be statute barred as it's longer than six years since a payment was made, but there again, your ex may be entitled to deduct the amount from your share of the house sale as, although a statute barred debt can't be claimed through the courts, it still remains and can be collected in other ways.

The debt may well be statute barred, it all depends if this would be aplicable in this situation.
Although being statute barred doesnt stop the debt from being owed the "creditor" cant take court action and must stop and form of demands for payment when told by the debtor that they wont be paying

Clive_Woody

As a joint loan surely there is no such thing as 'your half'?

Monkeyballs

Hi,

As others above have mentioned, you'd best get professional advice...

But, as Clive mentions above "As a joint loan surely there is no such thing as your half" you could always argue that you took the initiative to get the loan and it was a contract between the two (your ex wifes signature being a formality) of you only and therefore the whole £40k was yours alone and she in fact owes you £20k but that'd be tit fer tat.

She's chancing her arm...

MB