Paying a bill not in my name

Pollycat

I feel sorry for the contractor who has done the work in good faith and has only been paid half of the money.

I think it's pretty poor form on the OP's part to talk about 'legally' rather than 'morally'.

JChappell wrote: »

Thanks, morally probably, but where do I stand legally? Does anyone know?

AnnieO1234

Is there any chance the contractor may return and remove some of the work? Such as fence panels maybe in order to recover his costs? Xxx

Beckyy

How much exactly we are talking, a hundred pound or a few thousand?

It's not the contractors fault and you're benefiting from the work so morally you should pay it from an outside point of view, however I don't know where you stand legally. I would be surprised if anyone was willing to pay for work done on a house which they have no financial interest in and no longer live in.

You're probably better posting on one of the property/law sub forums.

fabforty

You could take him to small claims court.

As only you and your ex know exactly what happened and in the absence of something saying that he alone is responsible for the bill (the fact that the bill is in his name or that he made the arrangements is largely irrelevant as you were married and living together at the time - and any work was done with your knowledge and consent. It's not unusual for contractors to deal with one half of a couple! ), the court will look at the facts. The house is yours, in your name, he is not on the deeds, you have already paid half. It would be very easy for your husband to claim that he made no such agreement to pay and a court would find it hard to disprove.

Just wondering if it is really worth all of this, plus not to mention the contractor who is waiting to be paid, just to be right? Sometimes you have to choose your battles and move on. You will ultimately benefit from it - it's not as if you have lost out.

pigpen

AnnieO1234 wrote: »

Is there any chance the contractor may return and remove some of the work? Such as fence panels maybe in order to recover his costs? Xxx

None at all.. he would be breaking the law by doing so.. he would have to take the husband to small claims court due to the bill being in his name.. that is what it is there for!!

You can't just go onto someones property and remove stuff without a warrant (bailiff) otherwise you are trespassing and possibly breaking in!

AnnieO1234

pigpen wrote: »

None at all.. he would be breaking the law by doing so.. he would have to take the husband to small claims court due to the bill being in his name.. that is what it is there for!!

You can't just go onto someones property and remove stuff without a warrant (bailiff) otherwise you are trespassing and possibly breaking in!

I didn't say he could legally do it. I asked if it was possible. Until the bill is paid, technically he still owns the goods. Xx

Detroit

The contractor may decide to take OP to the small claims court as the work has been done to her property; and although only the husband signed, it would be reasonable to assume he was doing so with the agreement of the OP. After all, the OP at no point objected to the work.
The OP has strengthened the contractor's case against her by admitting liability by paying half the bill.
The lack of OPs name on the invoice may make it a grey area, but that would be for the judge to decide, and I certainly wouldn't risk a CCJ over this if I was the OP. Particularly given, as others say, the OP is morally liable.
The CAB consumer helpline, number at https://www.adviceguide.org.uk will be able to give a more definite answer on legal liability.

Tigsteroonie

You both lived there at the time of organising the work, so I would see the bill as belonging to both of you. The intention was that you would both benefit.

For the sake of the poor Contractor who is currently out of pocket, I would pay the bill but ask for a full invoice detailed out to both householders. Presumably the intention is to divorce - so I would then submit that bill as a joint expense during the financial proceedings, that way it will be split between both parties.

pigpen

AnnieO1234 wrote: »

I didn't say he could legally do it. I asked if it was possible. Until the bill is paid, technically he still owns the goods. Xx

He doesn't own anything.. he should have taken a deposit to cover the cost of materials and the rest is his workmanship and labour costs.. how is he going to take back his time? Most contractors wouldn't begin work until the materials are paid for through experiences with customers refusing to pay and being out of pocket.

Noone in their right mind would risk a criminal record for something they can do legally through small claims.. they could lose their entire business over it.. and possibly risk future employment.. people have been killed for trespassing on others peoples land!