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Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Legal matters

Is this a legally binding contract?

19 replies

Mobly · 12/02/2011 10:19

XP and I verbally agreed that I would give him another chance at our relationship, and that he could move in my house with me and the children on the condition that if it didn't work, he would pay my mortgage payments for the 3 months following the split.

This is because when he moved back in I had to cancel all benefits. If he left (which he did, 3 weeks later), I would have to wait 13 weeks before I could get help towards my mortgage.

Stupid fool that I am, I trusted him, and he has not given us a penny. This despite having moved back in with his mum and now has no outgoings. He has had 2000 pound to himself this month.

I think our agreement was a legally binding verbal contract.

Any advice?

OP posts:

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PaperView · 12/02/2011 10:38

I don't think it's legally binding to say you wll do something and then not do it. If it was then the police would have no time to investigate proper crimes.

Resolution · 12/02/2011 10:49

It is legally binding. Paperview I don't know how you fathom that one out. That is the definition of contract - just add consideration (ie her letting him move in) and - hey presto - a binding contract.

Sorry to say though that you'll have a hard time proving it. Take him through the small claims court for breach of contract. You have little to lose.

Resolution · 12/02/2011 10:50

BTW it isn't a crime, so nothing to do with the police.

Kewcumber · 12/02/2011 10:53

I'm not sure that her letting him move in would be deemed consideration Resolution, doesn;t consideration have to have value? It doesn;t has to be financial eg bartering goods would count but I'm not sure a promise counts. I might look it up...

Kewcumber · 12/02/2011 10:58

hmm, yes consideration does have to have a value but a promise to do something does seem to count so you may have a case. May be tricky proving it if it was all verbal but if you feel really strongly then I think resolution is right and samll claims may be the way to go.

Or Judge Judy. Think you would defintiely win there.

Mobly · 12/02/2011 12:10

Thank you Kewcumber. That's what I was thinking too.

There was value, to my XP, at the time, in moving in to my home and being given another chance to be a good dad/partner. At the time he desperately wanted it. I gave him the chance on the condition aforementioned and there was an agreement.

I have told him I will take him to small claims court but I wondering if it will hold up in reality.

The agreement was verbal, I trusted him but I have sent him some texts today and he has replied which give me some proof that I'm not making this all up.

It's Civil law isn't it?

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Mobly · 12/02/2011 12:13

Thank you Resolution- yes I agree, difficult to prove.

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crystalglasses · 12/02/2011 12:14

I wonder if one of those no win, no fee organisations could help you, or at least give you some free independent legal advice about your chances of winning in the small claims court?

Mobly · 12/02/2011 12:22

Free advice would be great so I might just ring round a few Crystalglasses. Good idea.

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sneezecakesmum · 14/02/2011 00:09

A verbal agreement is binding, and I suppose board and lodging was the consideration given in respect of the contract. I bet he'd lie through his teeth though! Small claims court would be the way to go. CAB may give advice on the likelihood of a win. As a civil court the evidence does not have to be as compelling as a criminal case, so if the adjudicator feels that on the balance of probabilities your case sounds stronger they may award to you. And giving up your benefits as a single mum to allow him back sounds very very reasonable to me as a background factor and totally logical on your part to ask him to make up the difference should he not stay.

Mobly · 14/02/2011 12:12

Thank you Sneezecakesmum. That all sounds excellent. I think I am going to go ahead with this. XP needs teaching a lesson.

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Bink · 14/02/2011 12:20

Please do talk to a solicitor/CAB as there is a rule that agreements made within a family or domestic situation are not binding contracts unless it can be shown that there was an intention for it to be treated as legally binding. So it's not the 'verbal' bit that's the problem, it's the fact that it's within a domestic/family situation.

Mobly · 14/02/2011 12:42

Thank you Bink, I wasn't aware of that.

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sneezecakesmum · 14/02/2011 12:52

The situation regarding verbal agreements between family members is not as compelling as with businesses etc. but the case of Merritt v Merritt (1970) where the husband agreed, after he had left his wife for another woman, that he would transfer the family home to his wife if she paid the remaining mortgage payments was upheld as a legally binding contract. Although not the same circumstances it does bear some similarity as it involved payments of a mortgage and the husband had left. It is worth giving it a go. Perhaps the man being OPs ExP rather than a husband would strengthen her case? Legally speaking is he a 'family member'?

Bink · 14/02/2011 12:59

It's not that Mobly doesn't have a case, but that if she takes this to Small Claims she needs to be aware of the potential challenge - from her description it seems to me that there was an "intention to create legal relations" ... but presumably the XP will deny this. So Mobly needs to have her arguments stacked in advance. His texts may help here - but she really does need proper advice with all the specifics, I think.

Mobly · 16/02/2011 08:13

Thanks again, that extra bit of information is invaluable.

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darleneconnor · 17/02/2011 18:39

How about approaching this from a different angle.

If he only moved in for 3 weeks you could argue that you weren't 'living together as if married' and appeal the decision to treat you as a single person in that period.

You have 3 months to make a retrospective claim. Get (very specialist) advice then pursue it this way. Then your benefit continues and you dont need the hassle of court action.

Even if you win the court action it can be a nitemare trying to actually get the money from the other party.

The things which will strengthen your single person claim are:

if you didnt have sex
if you didnt share bills
if you didnt go shopping for and preare and eat meals together
if you slept apart
if other peole thought of you as a couple again

Mobly · 18/02/2011 08:40

Thanks Darleneconnor, that is a really good idea. Only thing is it's not true and would be fraud wouldn't it?

I gave him another chance, people were aware, we shared a bed, we were a couple for that period.

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darleneconnor · 18/02/2011 09:36

Mmm, I still think that even if you were a 'proper' couple for those 3 weeks, it could be argued legally that such a short period doesn't count. You need to find out if there have been any cases on similar facts in the past.
Get either a lawyer or an experienced adviser to look through the book of social security commissioners decisions- these are the appeal body above the unified appeals tribunal.

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