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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34234
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I am currently in a cohabitation dispute with my former

Customer Question

I am currently in a cohabitation dispute with my former partner. He is currently prohibited from entering the jointly owned property (tenants in common) by a restraining order. I am in the process of bringing a TOLATA application.
During the relationship he borrowed £4,000 of the equity of the proceeds of the sale of the joint property we owned before the current one.
Obviously the declaration of Trust is not resolved. Pending the outcome of the TOLATA application, can I sue him in the small claims court for the loan even though I don't know at this stage how much of the £4,000 is mine? I am confident that I will get more than 50% as I paid the mortgage for nearly 3 years and paid for all the renovations and improvement. Can the court order that the money be paid into the mortgage pending the outcome of the dispute?
I ask because my ex owes me other monies which he borrowed from me to start a business. I am pursuing that debt in the SCC and I was wondering if I could include the £4,000 in the claim.
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
What, if any interim relief might I claim while this dispute is pending?
I was the victim of fairly serious domestic violence and following his criminal conviction, my former partner has absconded, leaving me with the whole mortgage, all the bills and a large chunk of his debts (over and above the money he owes me).
Expert:  Clare replied 1 year ago.

Thank you for your question

My name is ***** ***** I shall do my best to help you.

I am afraid that the £4000 needs to be dealt with as part of the TOLATA claim and will be part of the accounting process that will need to take place.

I am afraid that there is no interim relief available in such hearings - and the court will not order any such payment

I am sorry not to give better news

Please ask if you need further details

Clare and other Law Specialists are ready to help you
Customer: replied 1 year ago.
I am just wondering though... We owned a property jointly in London. This was sold. We used some of the proceeds for the deposit on the current property. The remaining balance of the proceeds were supposed to be used to do the renovations to the property.My ex borrowed the £4,000 from these proceeds, so they were not actually connected to the property we currently own in any way.The proceeds of sale was joint money held in my account. As joint owners of the proceeds, surely we have a claim of a half undivided share? It's common cause that we owned the previous property jointly.Can I not simply concede this fact and then claim £2,000? I in effect loaned him £2,000 in cash which is my half of the proceeds of the sale.Would this affect/prejudice the TOLATA application?
Expert:  Clare replied 1 year ago.

When you say you "loaned" him the money - what terms were agreed?

Customer: replied 1 year ago.
We had a verbal agreement.
He borrowed the money to settle off some debts. The agreement was that he would pay the money back as soon as his business was up and running. The business has been up and running.
He has verbally admitted that he owes the money, and he has made some payments in settlement of the debt. So I can prove that the monies were advanced and I can prove that he has paid some of it back. The BACS payment into my account is marked "loan payment".
Expert:  Clare replied 1 year ago.

In that case - my apologies - you can indeed take that as a separate money claim if you wish!