Hi. Me and my fiancee split in march. I gave her some cash to help her move into a place etc. Yesterday by accident i sent a big sum of money into my savings but it went into joined account by accident.she seen it and took the lot and transfered into her own account. She said she took herself off that joined account anyways . So after a chat Anyways today she decided to pay half back and is keeping the other half as she said she needs it to survive. 99% of our savings was mine anyways as she could never save a penny. What is she acutely entitled to after us separating and has she the right to keep the other half and not pay me back even tho it was my own personal money?
De facto relationship
- Thread starter Shane Pierce
- Start date
How much money are we talking about?
How long were you living together as de facto before separating?
Do you have any significant property to divide?
Look if you are going to be doing a formal property settlement you may be able to argue XXXX % of what she took was money you earned post separation, should not form part of the joint asset pool for division & that she is therefore not entitled to that percentage. Otherwise it may be a a loss you are not going to be able to do much about without taking it to court... That can be expensive, so unless the amount we are talking about is significant, possibly not worth it
How long were you living together as de facto before separating?
Do you have any significant property to divide?
Look if you are going to be doing a formal property settlement you may be able to argue XXXX % of what she took was money you earned post separation, should not form part of the joint asset pool for division & that she is therefore not entitled to that percentage. Otherwise it may be a a loss you are not going to be able to do much about without taking it to court... That can be expensive, so unless the amount we are talking about is significant, possibly not worth it
We have lived together just the 2 of us for last 5 years but shared house before that for 4 years.. she took 21k out and paid me back 11k. So she still has 10k. Is it expensive going through courts?? And also if went that way cud she be entitled to more even tho mostly all the savings was mine.
We have lived together just the 2 of us for last 5 years but shared house before that for 4 years.. she took 21k out and paid me back 11k. So she still has 10k. Is it expensive going through courts?? And also if went that way cud she be entitled to more even tho mostly all the savings was mine
You've got nothing from court. It would cost way too much.
So you're gonna have some choices
1. lose the $$$
2. Send her a message stating that you have spoken to the cops and if she transfers $5K back to you, then you'll let it go.
3. go outside and punch yourself in the nose for being so stupid. This is a bit like option 1.
So you're gonna have some choices
1. lose the $$$
2. Send her a message stating that you have spoken to the cops and if she transfers $5K back to you, then you'll let it go.
3. go outside and punch yourself in the nose for being so stupid. This is a bit like option 1.
I know. What a stupid mistake i made.kicking myself. So going the legal route would cost alot of money. Maybe i might be walking myself into something worse too as she could take me for more money due to de facto relationship
You could file applications & self represent.... Difficult unless you know what you are doing... Also time & emotional cost.... & yes, depending on circumstances she could potentially end up with more.. For $10K, not worth it IMO... I suppose she at least gave half back, many wouldn't
I second that. It's well worth trying to bluff another 5K out her.
BUT - just remember that if you go down this route, you'll instantly negate any chance of ever getting the full 10K. If she doesn't cough up the 5K and you do decide to chase her to a court or tribunal, there's no way that they will award any more than the 5K you've already offered to accept. The other 5K will be gone for good, so just keep that in mind.
Worst case: she says "no" and you're no worse off than you are now.
Best case: she coughs up and you only lose 5K. A legal fight would probably cost you a lot more than that.
I also agree with that. Not worth the cost of going to court to get 10K and even less so for 5K. Also correct in that many (if not most) people wouldn't have given any back.
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