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Advice please about a loan from partner I want rid of

(4 Posts)
Cornishrexellie Tue 28-Oct-14 19:07:49

My new partner of 20 months has not quite turned out to be who I thought he was, moody and abusive.
Anyway, he lent me 12k to add as payoff when I bought my ex husband out of our property when we got divorced.

We had a legal letter drawn up saying that upon the sale of my house he will get his 12k back.

I want him to go, he doesn't know yet, I can't put up with his behaviour anymore, it's too much

Do I have to sell my house? The house is in my name, mortgage, deeds and bills all mine only

I haven't got a spare 12k floating around

Can I repay him small amounts each month?

Can he take me to court?

I do want to give him his money back, I'm not after ripping him off.

Any legal advice welcome

iPaddy Tue 28-Oct-14 22:37:19

No, he absolutely can't force you to sell your house.

How would you prefer to repay him.

Greengrow Wed 29-Oct-14 07:49:55

If it says on sale of the house he gets his money that's fine. I know someone though who had an agreement when he moved in and bought a place joint with his friend that if he moved out he could force a house sale and he had to - she refused to comply with the agreement so a court had to order a sale. So do read this "letter letter" very careful to see if it says only on a sale of the property does he get his money back. Also check if he has a charge - a registered interest over the property at the Land Registry.

If I were putting £12k into someone's house I would make sure the agreement said if we split I got the money back right away even if it meant selling the property so I am surprised the legal agreement did not say so.

NoMarymary Thu 30-Oct-14 19:50:38

The contract you made with him is laid out in the legal document. You need to read its terms and conditions carefully as what it says is what you do.

If it says only he will get his 12k back on the sale of the property with no proviso for a breakdown in your relationship then it is a very poor document! It should list all eventualities and the available get out clauses for him.

Ask the solicitor who drew it up what the likely scenario would be when the relationship ends.

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