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QLD Ex Partner's Debt - Where Do I Stand?

Discussion in 'Family Law Forum' started by SeekingAdvice, 5 May 2016.

  1. SeekingAdvice

    SeekingAdvice Member

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    Hi everyone

    Thanks in advance for any help given.

    My situation is that I was in a relationship for 8 years.

    My ex-fiancé, when we first met, had a debt of $17,000 at 18% interest, so after 2 years of being together, I took out a loan against my mortgage at my mortgage rate with a verbal agreement that she would pay it at the same amount per week she was paying her own in order for her to be able to manage it better and pay it off a lot quicker with less interest as she was financially struggling.

    After she moved, in I encouraged her to do a university degree as she had no education past year 10. She began to work restricted hours due to study commitments (10 or less a week) which affected her repayments (reduced to about $50 a week from $150+). This was not an issue as I wanted to support her and I felt she was trustworthy and in time would pay off with her having a formal education.

    Unfortunately, she was unfaithful and our relationship came to an end last year. Her repayments have stopped with an outstanding amount of $9100 and I would like to know my legal position as in the past she has threatened to take me to court as a de facto. I would like the loan paid so we can finally cut all ties and go our separate ways. I am not trying to get money from her which is not mine, I literally would just like what is my money repaid, and that's all. A few points which I consider important are below:

    - She is the only person who has ever paid into that account which I can prove with her name as the weekly repayment.
    - The loan amount was more than she owed as they wouldn't loan a specific amount e.g $18,345,16, however, I drew a bank cheque in her name for her exact pay-out figure to pay her financial institution and then the excess money was repaid onto the new loan to make the outstanding amount her exact loan amount.
    - She did not contribute to my mortgage in any way and is not a listed owner nor did she ever consider herself to be.
    - She did not ever pay a bill or send me money for bills. Did sometimes send me small amount $50 etc to help with shopping etc (very irregular, maybe 1 time a month max)
    - I often paid for our food and her fuel as she had no money.
    - I owned the property before we were de facto and paid the deposit 100% myself.
    - I have savings in the bank which were partially my income savings and partially inheritance from a deceased grandparent.
    - She was claiming Centrelink the entire period as an independent as study allowance.

    I appreciate any help and legal help.
     
  2. SeekingAdvice

    SeekingAdvice Member

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    Sorry points I forgot to add
    - I have tried to contact her to ask of her situation in paying the loan but I have been blocked. It is with no reason. I'm not argumentative or rude to her. It's literally to avoid paying the debt and she knows what I would be contacting her about.
    - I have text messages from her admitting the loan is hers and that she will pay it.
     
  3. sammy01

    sammy01 Well-Known Member

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    You got rorted...

    Now take a deep breath in and go make a cuppa because you're not gonna like anything from here.

    She could make a claim against your assets. What is the chance that she'd win? Don't know but you were in a de facto and at 8 years, that means the court would consider all of your assets as shared. What percent they would determine hers and what percent yours? Who know. Chance is you'd have to see your house. Chance of getting the loan money back? Not good. Oh and the money you'd have to spend on solicitors? Don't go there.

    So I'm assuming you don't have kids with her. Be grateful - if you did you'd lose 60-70% of everything...

    Your best bet - Hope to never ever hear from her again and hope you don't get a nasty letter in the mail from her solicitor.
     
    teflongirl likes this.

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