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Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34910
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I am not sure if this is really a family law question but wasn't

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I am not sure if this is really a family law question but wasn't sure of the category. It crosses boundaries.
I have a 7 year old child with my ex partner. About 9 months ago we agreed I would pay her £500 a month maintenance.
Five years ago I lent her £25,000 to buy a house. She has recently sold this house and has moved into a new house with her new partner. (I do not know if she has purchased it with him, but probably this is the case from what I hear from my son). From the profit she made on her house (£92,000) I asked her what she proposed to do about the loan. As she had made a good profit, I thought it might be a chance for clean break on that score. Her email answer surprised me. It read "You didn't lend me any money to buy my house".
This was a bizarre reply as I even have a document signed by her to say otherwise. It is repayable when my son is 18 (2026), and it to be used for the purchase of a home for her and him, or any subsequent home. The amount repayable is the £25,000 + proportion of the increase in value of the house = £36,000 based on the sale of her last house.
Her actions make it clear she has no intention of paying the loan back and frankly she is unlikely to have the money in 2026. So my question is - can I reasonably argue that I should be allowed to protect my interests and net off the monthly maintenance payments of £500 against that debt which is due to me. This means I would pay her nothing for the next 6 years or so.
Customer: replied 1 year ago.
Note - we were never married
Customer: replied 1 year ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further informtaion firstis the Document a Declaration of Trust?
Customer: replied 1 year ago.
Hi ClareI have attached the document. It is a Promissory Note. So not a Declaration of TrustThanks
Customer: replied 1 year ago.
I also attach a copy of the email exchange.Thanks
Well it is indeed quite clear!have you any evidence of how much her new property is worth?
Customer: replied 1 year ago.
No. We don't speak and I don't know if she's bought it with her new partner or renting. It's four bedrooms in Surrey so won't be less than £600,000.
Customer: replied 1 year ago.
Her house in East Malling (Kent) was a compact end of terrace 2 bed cottage. I'm not sure if that's relevant.She can afford a bigger place as she is earning more (she has just started a new job) and presumably she is pooling resources with her new partner.The agreement says the amount is not repayable until 2026, but she has shown bad faith. In fact could it even be described as an attempt at fraud? I wondered if that meant I could start recovery over a long period before the actual end date. Or can we bring forward the end date because of changed circumstances.Happy if you think we have an argument to get you to draft a letter. I don't know her address however, but you could email!Thanks
The Promissory note does refer to her providing a home for your child - do you not have an address for your child?
Customer: replied 1 year ago.
She is very secretive about her new home. She didn't tell me she had sold her house. (She has been living at her parents near her work for the last 9 months so I wasn't to know). She didn't tell me she was moving into the new house, I heard it from my son. Probably because she knew the loan would come up...She hasnt given me the address. And to be fair I haven't asked. I think with this row over the loan, I wouldnt get a reply.In case you are wondering, my son's school is right next to my house, so I pick him up from there and take him there in the morning. ***** *****ved here for a while when we got back together in 2012. In fact it was our new start that didnt work out. She was not happy from day one really. She rented out her house in Kent since then until she sold it on 1 Feb. In the mean time I helped pay for rented accommodation but latterly she was living at her parents, who are close by (and one of he reasons we moved here)
Are you aware that the site charges extra for a phone call?
Clare and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Yes aware of the extra cost. Thought it might be easier. But text is good too. £36,000 is a lot of money for me, so don't mind which as long as we get it right.
I can call you tomorrow if that is Ok - is there a preferable time?
Customer: replied 1 year ago.
Any time this am
Customer: replied 1 year ago.
Mobile today. ***********
How much is the monthly mortgage payment?
Customer: replied 1 year ago.
For the new house? I don't know anything - not even whether she has bought or is renting
Sorry that was in the wrong box!
Customer: replied 1 year ago.
Customer: replied 1 year ago.
Did you try to call?
Customer: replied 1 year ago.
You never write, you never call...
It's not you it's me..... well in fact it is a Local Judge - who decided that this morning was the morning to throw a temper tantrum which lasted the whole morning.....I can phone this evening or tomorrow as you wish
Customer: replied 1 year ago.
Bit late now tomorrow is fine 07747 606645. Who'd be a judge eh?, ME!!!
Ok - Station Run to do but will be able to call after 10.
Have just tried - will try again later
Customer: replied 1 year ago.
My phone didn't ring. 07747 606645
Customer: replied 1 year ago.
Clare - it's another day gone. Are you sure you have time for this...?!
Just tried again?
Dear xxxRe:xxxxI emailed you recently regarding the sale of xxxxxxYou will remember that when you purchased xxxxxx I gave you £25,000 to be repaid, together with a percentage of any increase in value, when the property was sold.The property has been sold and you have said that you are now renting.That being the case I require the repayment of the sum of £25,000 plus xxxxx representing the percentage of the increase in value of xxxxx which is due to me.Unless I receive the amount due, or your proposals for payment,within the next 21 days then I shall have no option but to issue a Court Claim to recover the money.yours etc
Customer: replied 1 year ago.
ClareThanks for the call. I've paid the £500 maintenance.Look forward to the letter - I will put on a tip. Let me know how much.I will do a bit of detective work to find her address.Nightmare. Don't get divorced!!Best
Hope you have seen the letter above?Already done the divorcing bit
Customer: replied 1 year ago.
See the letter now. ThanksYou of all people should have known better!Have a good weekendBarton