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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33816
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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HiMy partner of 6 years suddenly left me without warning

Resolved Question:

Hi My partner of 6 years suddenly left me without warning in June of this year. There was no violence or fighting but she is accusing me of mental abuse to her and her son. We have quarreled on occasions but nothing that I thought was so serious as to make her leave the way she has. She has a registered charge of a large amount of money invested in my house which is in my name only. The 'loan' was a deposit on the house. The loan agreement is in her name but the money was given to us by her parents in 2010. I, intern gave my previous house to her parents for the value of the outstanding mortgage as a thank you for the loan. I lost an estimated £20'000 in equity on that house.She has not contributed in any way with regards ***** ***** of any bills since we lived together and I have supported both her and her son since we've been together. She is now demanding that I sell my home to pay her the money back. Where do I stand ?

added...

I was away the weekend she left and came home to a house which had been 'stripped' of nearly everything we owned. my partners mother employed two men in a large white van to empty the house with out my knowledge. Some damage was left by them moving items including flooding as the washing machine was removed incorrectly.

I have learned that my partner had planned this move with the aid of her mother for a few months prior to leaving me.

I had absolutely no idea or warning of her leaving.

Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How much is the property worth and how much is outstanding on the mortgage and the loan?
Clare
Customer: replied 2 years ago.

Value of the house is estimated at £150'000

Outstanding mortgage is £79'000

Value of the loan is £50'000

Expert:  Clare replied 2 years ago.
Hi
how much can you raise?
Clare
Customer: replied 2 years ago.

Unsure at this moment, but being self employed in a new business (15 months) I don't think I can get a larger mortgage.

Saying that, I haven't spoken to my mortgage company as of yet.

Expert:  Clare replied 2 years ago.
Hi
What evidence do you have of the fact that your old house was sold to her parents underprice?
Clare
Customer: replied 2 years ago.

Hi Clare

Sorry for the late response

There is documentation of the sale and values with my ex partners solicitor which I have applied for.

Expert:  Clare replied 2 years ago.
Hi
Was it actually agreed between you that this was by way of a part payment of the debt?
Clare
Customer: replied 2 years ago.

Hi Clare

No

It was a gift from me as a thank you to her parents for helping us to buy the new house.

For some reason or another the money could not just be 'given' to us as it had come from another country where they were living at the time and so a loan agreement was written out by our (at the time) solicitor.

My ex partner has never had money, it was her parents who gave us the money.

Money laundering and tax avoidance were mentioned but what that related to I do not remember.

Expert:  Clare replied 2 years ago.
Hi
When does the Charge say that the money is repayable?
Clare
Customer: replied 2 years ago.

Hi Clare

My apologies for late reply.

As far as I can tell there is nothing to say when the loan has to be repaid.

Expert:  Clare replied 2 years ago.
Hi
Do you have a copy of the written agreement at all?
Clare
Customer: replied 2 years ago.

yes

it is now with the solicitor I mentioned at the beginning.

She also stated there was no repay date.

Expert:  Clare replied 2 years ago.
Hi
Is any interest payable on it?
Clare
Customer: replied 2 years ago.

HI Clare

No, there is no interest mentioned on the loan agreement

Expert:  Clare replied 2 years ago.
Hi
So there is no end date for this loan: no way of calling it in and no interest payable - is that correct?
Clare
Customer: replied 2 years ago.

I does look that way, yes.

Although now that she has left me she believes the court will make me sell the house to pay the money back

Expert:  Clare replied 2 years ago.
Hi
Sadly she may well be right
It is hard to be certain without seeing the actual deed but it is indeed likely that a Court would agree that the purpose of the loan was to secure her interest in the property in which she was living and that now she is no longer living there it is reasonable for her loan to be repaid - or for the property to be sold if necessary
You can try and negotiate with your ex using Family Mediation to agree a payment schedule - after all a court application will take time and cost her money.
Sorry to have to give you bad news
Please ask if you need further details
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33816
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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