Relationship split - debt advise

Chr_Bul

Hi all, hate to be writing this as I never thought id end up in this position. However, me and my fiancee of 6 years have split up leaving a 3 year old boy with a broken home . Upon splitting up we both moved back into our parents houses and left our home (which we own together) empty. The problem is this... Last May my partner had some debt she was paying large interest on. I had a healthy line of credit available and so consolidated my debt and hers into a large loan over 5 years. In total I took £18,000 of her debt on and she agreed to pay me £300pm. Rather than move money between accounts she agreed to pay our Mortgage in full and I would pay the debt monthly repayments (this worked out equal to what she was due to pay me per month). However as we come to now sell our property I need advise on what I can do as she is showing no signs, and has even suggested she will not pay me the money that she borrowed from me. One solicitor has mentioned this can be classed as marital debt even though we weren't married and should be split equally. I cannot afford to continue to pay this by myself especially when I now need to source housing out for myself as a single dad. PLEASE HELP ME!

Candyapple

Chr_Bul wrote: »

Hi all, hate to be writing this as I never thought id end up in this position. However, me and my fiancee of 6 years have split up leaving a 3 year old boy with a broken home . Upon splitting up we both moved back into our parents houses and left our home (which we own together) empty. The problem is this... Last May my partner had some debt she was paying large interest on. I had a healthy line of credit available and so consolidated my debt and hers into a large loan over 5 years. In total I took £18,000 of her debt on and she agreed to pay me £300pm. Rather than move money between accounts she agreed to pay our Mortgage in full and I would pay the debt monthly repayments (this worked out equal to what she was due to pay me per month). However as we come to now sell our property I need advise on what I can do as she is showing no signs, and has even suggested she will not pay me the money that she borrowed from me.

Do you a signed written contract from her spelling this out? Or anything where she states she will be paying you back? E-mail? Text?

If you don't, as it stands, she quite cleverly by not putting the money in your bank account, it looks as though you've quite happily been paying the loan the whole time.

Chr_Bul wrote: »

One solicitor has mentioned this can be classed as marital debt even though we weren't married and should be split equally.

I suggest you speak to another solicitor to get further advice because this sounds wrong. You weren't married, therefore you are seen as individuals, thus meaning that any debt you have is yours alone, and same for your ex.

It seems to me there are 2 seperate issues here:

1. Your ex owes you however much is remaining on the loan payments.

2. The split of assets of your jointly owned property.


Did you at least set up tenants in common agreement with a 50/50 split or split based on who paid the most deposit?

Regarding the loan debt, I would speak to another solicitor for clarification as to whether this can be classed as marital debt. If it isn’t, then your only option is to take your ex to the small claims court.

https://www.gov.uk/make-money-claim-online

System

Without anything in writing or any texts or social media messages acknowledging the debt and repayment terms you're on a hiding to nothing trying to enforce it.

National_Debtline

Hi Chr_Bul


I'm sorry to hear about your situation. It can be tricky dealing with a debt where there is no written agreement but verbal contracts do exist. The problem will be if your ex partner denies the agreement it will come down to your word against hers. If she continues to dispute her liability it is going to be advisable to seek more legal advice on your options.


Susie
@natdebtline