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Separated but he owes me £10k

(6 Posts)
humblemum Sun 27-Sep-09 22:20:26

My H and I separated nearly 12 months ago, after a short marriage, during which time i very stupidly paid off all the debts he had when we first met, to the tune of around £10k. I dont have any receipts for any of these payments (in hindsight of course had I known what was going to happen, I would of course kept at least something).

I want to know if I can have this £10k written into the divorce. Background is that he came to the marriasge with nothing and left with nothing. The house was already mine, he just lived with me for around 18months, but due to him dong something dreadful, we were not actually a couple for some time before that.

He was never put on the mortgage, we had a joint bank account at one point, but when we split we changed that.

He had been re-paying me approx £100 a month for the last 12 months, but at that rate its going to take him 10 years to pay it off. He says he cannot pay anymore than that due to having to rent a flat and not earning much.

Any suggestions, not sure what to do, I really need that money back, how would a divorce court look at this?

babybarrister Mon 28-Sep-09 08:33:23

IMO you should forget it and use it as a way of getting him to agree to a final order making no claim on anything you have. People overlook the fact that:
1. divorce courts do not care whose name assets are in
2. since the case of Miller in House of Lords a spouse is entitled to half the house even in a short marriage - save in case with exceptional circumstances [not defined!]

You need to get yourslf down to a Resolution [ie specialist family lawyer] solicitor asap to try to prevent any claim on your property before it goes up in value again IMO.

I was in a very similar position - but before the case of Miller - so I got out of paying much - now unfortunately it is different ......

please go and take advice now

humblemum Mon 28-Sep-09 08:53:55

thanks for your reply. Is this still the case as he has categorically always said that he will never make any claim on my house etc, due to the way he behaved and the shame he bought on me and my family?

babybarrister Mon 28-Sep-09 12:57:03

sorry but you need an order from the court to prevent claim by him in thw future - my ex DH said something similar .....

does not prevnt you getting him to agree the order but a court order it MUST be .... you would essentially apply to the court for you to keep all assets in your name - fact you are not asking for anything from him is irrelevant

if h "changes" his mind at least you will know now with property prices low rather than being taken by surprise in the future ...

humblemum Mon 28-Sep-09 15:28:41

Ok thanks, I will get on to sorting this out, I just thought as he had said he wouldnt claim, then I'd be ok. thanks again.

SolidGoldBrass Mon 28-Sep-09 15:31:44

Sadly you are going to have to write off the 10K as, given that you had nothing written down he would be able to claim that it was a gift and not a loan. As others have said, concentrate now nad making sure he ca't take you for anything else

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