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Nicola-mod
Nicola-mod, Moderator
Category: Family Law
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Experience:  Moderator
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Hi,I have been separated from BF since 2008- 1 child, no

Customer Question

Hi,
I have been separated from BF since 2008- 1 child, no marriage.
He saved £13000 in his account while we were living together as i was covering the bills at home and spending after the child, so he had a chance to save as we wanted to refurbish my flat back in Bulgaria. We have done the refurbishment, spent the money in 2006 and 2 years later it happened so that we separated. He was living in my flat for 2 years with us, now he is back to UK since 2010 and working as usual. I also live and work here looking after my daughter, married with new husband and a baby. Now the ex BF is asking me to repay him back the £13000 that we spent for the refurbishing. He has not paid me £1 in child maintenance since we separated and I told him that as far as i am concerned i do not think i owe him anything. If anything he should start paying for his child as it has been more than 4 years now and surely he should have paid about that amount in child maintenance anyway.But i never asked him for payment as i do not want to have any contact with him and my new husband is looking well after my elder daughter. Please let me know if i should really repay him these money back or if I can just tell him to go and take all the furniture and appliances that he put into my flat and to just start paying child maintenance from now on. Can i backdate the maintenance or not? Thank you!
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question
I shall do my best to assist you but I need some further information first
How much is the flat worth and how much is outstanding on the mortgage?
Claire
Customer: replied 3 years ago.

There is no mortgage on the flat. The flat is in Bulgaria and it is mine from my family.Worth about £45000.

Customer: replied 3 years ago.
Relist: Incomplete answer.
Expert:  Clare replied 3 years ago.
Hi
My apologies for the delay
What was the money used for?
Claire
Customer: replied 3 years ago.


The money was used for refurbishing the flat, putting in a new kitchen, decorating, buying the kitchen appliances etc. He and his child were living in the flat for two and a half years after the flat was ready. Then he left. Does it mean that if i have to return all the money to him, then i can charge him rent for living in my flat. Also I thought that money that he saved while we was living as a family should belong to both of us or am i wrong and all the savings has just been his? thanks

Customer: replied 3 years ago.
Relist: Incomplete answer.
Expert:  Clare replied 3 years ago.
Hi
My apologies for the delay
How much did he spend on the Kitchen refurbishment - the actual structural work
Claire
Customer: replied 3 years ago.


Probably about £5000 on the structual work - kitchen, bathroom and floor and £8000 for the furniture and appliances- tables, chairs, sofa, wardrobe, fridge, oven, hobs etc.

Expert:  Clare replied 3 years ago.
Hi
The complex part of this is that the property is in Bulgaria and on that basis the actual way forward is not clear
Please confirm that there was no written agreement involved?
Claire
Customer: replied 3 years ago.

Nothing written involved. I just want to know if it is fair for him to request all this cash back after so many years not paying for his child. Can I backdate a child maintenance claim and tell him that the amount he invested in my flat represents his maintenance for these 4-5 years and close the argument? Tks

Expert:  Clare replied 3 years ago.
Hi
Not only is it not fair it may not be possible!
If the property were in the UK then your ex could make an application in property law for a lump sum to reflect the work done on the kitchen (and to ask for the return of the goods that he purchased)
However since the property is not in the UK then he cannot make that application
He could conceivably make a claim on the basis that there was an agreement between you was a loan and not a gift - but in the absence of written evidence this would be a problem for him.
Unfortunately you cannot back date any application for child maintenance - but please make an immediate claim via the CSA now
I hope that this is of assistance - please ask if you need further information
Claire
Customer: replied 3 years ago.

ok, so in your opinion i can basicaly keep whatever he put in the flat and it will be fair after not paying his child maintenance for so long. But my main concern is if he can really count that the money saved was only his money
providing that we were living as a family and i was covering bills and looking after the child's needs. He would not have been able to save if i was not working too that time. Am i correct? Thank you!

Expert:  Clare replied 3 years ago.
Hi
The items that he purchased should be returned to him if he requests them (and is willing to collect them)
Because you are not married you have no claim on the monies that he had saved and child maintenance cannot be backdated I am afraid
Claire
Customer: replied 3 years ago.


Hi, i did not want to claim any of his savings. The money is already spent long ago and he used to live in the flat that he furnished, not just me. Child maintenance can not be backdated you say, but he should account for all these years if he is an honest man, isnt it? tks!

Customer: replied 3 years ago.
Relist: Incomplete answer.
Expert:  Nicola-mod replied 3 years ago.
Hello,

I've been working hard to find another Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola

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