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Ask Jeremy Aldermartin Your Own Question
Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Law
Satisfied Customers: 756
Experience:  Dual qualified Solicitor and Attorney
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I have a situation on where my ex partner helped me out with

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Hello. I have a situation on where my ex partner helped me out with rising debts in Jan 2011. The amount was £40000. Unfortunately I went bankrupt in feb 2012. I split up with my her in 2013. As a goodwill gesture I carried on paying her every month and did so up until Dec 2018. I have now received court papers. I spoke with CIB and they advised me that my defence is that the debt is unenforceable due to the bankruptcy. I submitted this. However her solicitor is now asking if I included her on the bankruptcy back in 2012. The case is I didn’t. Again I have been advised that the debt would of still be wrote off. But reading different articles this may not be the case. My question is, by not listing the debt, do I still owe it.
JA: Since estate law varies from place to place, can you tell me where this is?
Customer: Droitwich, uk
JA: Has anything been filed in civil court? If so, what?
Customer: Just my defence on claim form. I have now received a directions questionnaire for multitrack.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No thank you. Think I have covered it all.

Hi thank you for your message, when you ex lent you the money was this just informally or did you draw up a contract?

Customer: replied 6 days ago.
Hi. It was informally. No contract was drawn up. However there are emails from me saying I would carry on furnishing the debt when we split as a goodwill gesture.
Customer: replied 6 days ago.
At the time, we had plans for her to move into my house, and viewed it as we was in it together.

Hi thank you for your message. The position is that generally an agreement for money to be loaned in a relationship is not enforceable because it is presumed that a couple in a relationship does not intend the agreement to be legally enforceable. Therefore, regardless of the issue regarding the bankruptcy I consider it would be very difficult for your ex to enforce the debt in the first place. In essence, they will need to show that you intended when you made the agreement you intended it to be legally enforceable rather than a loan between a couple in a loving and intimate relationship. I hope this helps - if you can please accept the answer and give me a 5 star rating (there should be a button on your screen to do this) and Just Answer will credit me for helping you today.

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