Money claim

[radmum81]

Looking for a bit of advice. My husband and I separated last June - he was having an affair and was engaged to her two weeks after moving out. Naturally I just wanted him out the house. He found a flat but couldn't afford the deposit and first month's rent. We agreed that I would pay it and he would pay me back when he moved out of the flat. The amount I paid out was £1230 in total (£665 deposit plus first months rent of £565).

Anyway he's now moving in with fiance Ive asked him for the money back but he has refused. Could I successfully claim for this through small claims? My bank statement shows I transferred £1230 to his account and I have the email from the estate agent stating how much it was he had to pay. Any advice greatly appreciated.

Far better to sort that out as part of divorce proceedings. Is there an appetite for that?

Divorce is all done.

I think it may be hard. There seems to be no paper trail that this was a loan. Can you afford to just let it go? Really really shit feeling in the short term, but you really are the better person.

Yes you can make a money claim. It won't be free so you need to weigh up the additional potential costs if he defends the claim. If he admits it fine, he can pay a monthly sum back but if not you could go to mediation (free). If that fails or he won't then it's a hearing which could add more costs if you lose. If you win but he doesn't pay it's more costs to get it enforced e.g. attachment to earnings.

You could start by emailing him saying you are considering it, and that the cheapest option for him would be to pay you back in instalments rather than get the court involved. Do you have any family who could intervene? Anyone who knows your agreement who could appeal to his better nature and get him to admit he owes it? If you can get something in writing even just an email saying 'yes I know I said I'd pay you back but I can't afford it' that may help at a later date, as evidence if you do make a claim

Do you simply mean that you are divorced, or has the divorce court made a financial remedy order as well?

I've got decree absolute. Thanks for the advice he just won't respond to anything. I will try going through small claims I think and see how it goes

Was there a financial order as well as the decree absolute?

No financial order.my ex is abully who harassed me every day and threatened to not have the children if I didn't do the divorce quickly

In that case your best approach is to get the financial order sorted and include this as part of that.

I can't because divorce has all be done and finalised now

If there is no financial order you can still get one. The fact the divorce is final is irrelevant. You are entitled to apply for a financial order at any time unless you remarry or enter a civil partnership. It is important to get a financial order even if there are no assets to split between you. If there is no order it is open to either of you to make a claim against the other at any time in the future. If, for example, you win the lottery, he may be able to claim a share of your winnings.

Excellent thanks so much for the advice