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Legal matters

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Can I get money back from ex?

9 replies

TherapyRocks · 31/08/2023 13:12

Just looking for someone to point me in the right direction.

About 10 years ago I had approx. £50k come to me from my family (basically my Dad inherited & wanted to share this with my brother & me).

The money was stipulated by my DDad to be used for my son’s private schooling (son was from a previous relationship).

At the time my DH (not son’s Dad) & I had a lot of debt but both earned well so we decided to pay off debt with the money & then we would cover the school fees when my son started school (in 2019).

In 2019, my DH & I split up, I said that he owed me the £50k I had transferred to the joint acct, he argued that we both had debt which was paid off & agreed he was responsible for half. He agreed to pay me half of school fees (approx. £500 a month) until the sum of £25k had been reached.

When the divorce proceedings stopped being amicable, he stopped paying this (probably paid about 3 or 4 months worth.

At the time, I didn’t think I could force him to pay back what he agreed as we didn’t have it in writing but now I’m wondering if I have any legal recourse to get him to pay me what he owes.

Do I have a case? What kind of solicitor would I need to go to to get advice?

OP posts:
wannastwanna · 31/08/2023 13:15

not a solicitor but I dont think so no

Sugarcoatt · 31/08/2023 13:17

Do you have any proof that he acknowledged that he owed half of the debt and agreed to pay you back 25k?

TherapyRocks · 31/08/2023 14:37

I was thinking the fact that he paid me every month the same amount then stopped could be potentially used as evidence that he started paying me & then stopped?

I have all the transactions of the money coming in to my account & me transferring it to him.

OP posts:
LemonTT · 31/08/2023 14:52

I think you are flogging a dead horse. This should be addressed via your financial settlement. But you received a gift of money and used it to pay marital debt. That won’t be unpicked.

Mumof3confused · 01/09/2023 09:00

Unlikely, sadly.

prh47bridge · 01/09/2023 12:23

As others have said, you don't have a case. Sorry.

NoSquirrels · 01/09/2023 12:25

Are you divorced now? If so, why wasn’t this discussed and picked up on in the financial settlement?

Ciarianna · 01/09/2023 12:28

LemonTT · 31/08/2023 14:52

I think you are flogging a dead horse. This should be addressed via your financial settlement. But you received a gift of money and used it to pay marital debt. That won’t be unpicked.

The money was stipulated by my DDad to be used for my son’s private schooling (son was from a previous relationship).

Is there likely to be any comeback on OP using the money that was specified for Sons education?

EvelynKatie · 01/09/2023 12:30

Surprised you thought he 'owed' you 50k? It was used to pay off marital debts.
Going half on school fees, was this not discussed in your financial settlement in divorce?

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