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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 757
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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My ex wife and i agreed to a loan to pay marriage (verbal

Customer Question

my ex wife and i agreed to a loan to pay for our marriage (verbal agreement) , which i have been paying half , however she has divorced me ...am legally obliged to continue to pay her
Submitted: 11 months ago.
Category: Law
Customer: replied 11 months ago.
it is not in my name only hers
Customer: replied 11 months ago.
ie: the loan is in her name only ...not in my name ...am i legally obliged to pay her as we only agreed this verbally , we were married for approx 3.5 years and the balance on the loan is £600
Expert:  ukfamilysolicitor replied 10 months ago.

Hello

Welcome to Just Answer

I am a Solicitor and will assist you.

I can confirm that if the loan is in your ex wife's sole name then the creditors will only be able to pursue her for the payment of the loan and not you.

That being said - as you have a verbal agreement with your ex wife that you will pay half - and if you stop paying - then your ex could submit a small claims court action against you - for the monies that you had agreed to pay her.

Let me know if I can help you further

Kind Regards

Caroline

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ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 757
Experience: Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
ukfamilysolicitor and 3 other Law Specialists are ready to help you
Customer: replied 10 months ago.
Thanks for your reply , I pretty much knew that regarding the loan in my wife's name , they would only pursue her for the outstanding debt , but i do not suppose in Common law a marriage is a contract , however in theory her filing for divorce would be a breach of contract and by me given her consideration , ie: payment , then i had fulfilled my contractual obligation ....in your view , could she win such a case if it was just a verbal contract in a small claims court ,wouldn't that be pretty hard for her to prove ???
Customer: replied 10 months ago.
also I pay her by standing order , so i suppose she has records of my payment , but it doesn't state on the bank reference what i pay her for ....so that's the only evidence she has
Expert:  ukfamilysolicitor replied 10 months ago.

Hello

Thank you for your responses.

The verbal contact that you have is not actually anything to do with your marriage. Should you decide to divorce then either of you could make a claim in respect of the matrimonial finances and this would include the matrimonial debt even if this is her sole name. This would deal with the debt in the overall division of assets.

If however divorce isn't yet on the cards - this doesn't prevent her issuing a smalls claims for your half share of the debt and given that you agree that there is a verbal agreement then she would likely be successful.

it is a good thing that you have a paper trail of the monies being paid even if it doesn't have a reference it is still evidence that you are paying your share to her.

Do let me know if I can help you further.

Kindest Regards

Caroline

Customer: replied 10 months ago.
We are divorced which she inititated i was married to her for 3.5 years and the have been divorced 2 months now ...I live in a bedsit , she lives in a 4 bedroom house which she has a mortgage on , I was basically living at her house whilst we were married and paying her rent as well as some bills ...she says that she could apply for spousal maintenance although she isn't pursuing that , but could apply for spousal maintenance from her to offset that loan ?
Customer: replied 10 months ago.
But could I apply for spousal maintenance (sorry that was what i meant to say)
Expert:  ukfamilysolicitor replied 10 months ago.

Hello

What is the income position for both of you?

do you have any minor children together?

are there any matrimonial assets?

Customer: replied 10 months ago.
she earns the same amount as me around 40KNo children together (although she and i have kids from previous marriages)No assets
Customer: replied 10 months ago.
although i did give her £1,000 for a new car , although that was more of a gift than a loan
Expert:  ukfamilysolicitor replied 10 months ago.

Hello

If your incomes are the same then you are going to probably struggle with spousal maintenance - that goes the same both ways.

You need to be looking at a clean break agreement in respect of the matrimonial finances to prevent any future claims.

Kind Regards

Caroline

Customer: replied 10 months ago.
Thank you for your advice ..
Expert:  ukfamilysolicitor replied 10 months ago.

glad I could help :-)

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