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QLD De Facto Relationship Has Ended - How to Get Money Back?

Discussion in 'Family Law Forum' started by Lorraine Corfe, 26 November 2014.

  1. Lorraine Corfe

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    Hi. I have left an 8 year de facto relationship. Before the relationship ended, I lent him $10,000 that I got from the sale of my mobile home. All through the relationship, I have asked him for the money and he said he'd give it back, but now he said he doesn’t owe it to me ( property settlement).

    What can I do?
     
  2. Sarah J

    Sarah J Well-Known Member

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    Hi Lorraine,
    Do you have any documentation that you lent the $10,000 to your partner? As well as documentation that you have been demanding this money back?

    You have two options, you could either:
    (i) sue your partner for the return of the loan; or
    (ii) enter into a financial agreement with your partner given your separation and as part of the agreement, ask for the loan.

    Suing for the loan requires evidence of you having made the loan and that your intention was for the money to be a loan and not a gift.

    At family law, after a long partnership, de facto partners, like divorcees, may enter into financial agreements for division of assets and property they shared in during the period of partnership. If partners cannot agree, the court may step in and determine what is a fair and reasonable division. There are many principles the court (and yourselves can) use to assist them in determining what is a fair and reasonable division of assets and property after a relationship. Take a look at the LawAnswers Family Law Forum thread "Separation - how much is fair to split with my ex" for a breakdown of these principles. In the assessment, any loans or gifts or contributions provided by you into the relationship, your shares assets or property, or directly to your partner will be accounted for as part of your contributions into the relationship.
     
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  3. Lorraine Corfe

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    The money that i lent was before the relationship not during 18 months before
    Hi the money that i lent him was before the re
     
  4. Sarah J

    Sarah J Well-Known Member

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    You said you had an 8 year relationship with your ex partner? So the money was lent to him more than 8 years ago?
     
  5. Sarah J

    Sarah J Well-Known Member

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    According to Legal Aid QLD:

    "Someone owes me money and they won't repay it. What can I do to make them pay?
    There are several things you can do to start the ball rolling. You can:

    • contact the person and try to come to another agreement
    • send a letter demanding payment (called a letter of demand)
    • if the loan is to a company, there may be more options available to you. You should get legal advice.
    After that, if they still don't pay and you want to try to get your money, you'll need to commence legal proceedings.

    If your dispute is with another person, a business or a company and is for a fixed sum of money less than $25,000, you may be able to apply to the Queensland Civil and Administrative Tribunal (QCAT) to have the matter resolved.

    If the amount owed to you is more than $25,000 you can start court proceedings in:

    • the magistrates court for claims up to $150,000
    • the district court for claims up to $750,000, or
    • the Supreme Court for claims over $750,000.
    Queensland Civil and Administrative Tribunal (QCAT) has information about handling debt disputes, including information on what steps you can take on your own to recover your money and how to apply to QCAT.

    Queensland Courts provide information for people representing themselves in court applications about money disputes in:

    This includes information about how to lodge your claim, defend your claim, and how to get your money after the court makes a judgment.

    It is always a good idea to get legal advice before you file documents."
     
  6. Sarah J

    Sarah J Well-Known Member

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    Beware though, since this is a loan from quite a long time ago, it may be difficult to recover. Particularly, if there is little evidence to prove the making of the loan and the loan was given in the context of a relationship. The court/tribunal may refuse your application as it may unduly prejudice the debtor. The general limitation on debt recovery is 6 years from the date the debt falls due, so you may also need to show when the agreed due date was.
     

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