Gifts or loans in property settlement

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12 June 2022
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Hi,I've been in 15yr relationship separated 6 mths ago.My question is during that time my ex has had alot of loans to set business up and pay her financial mistakes.These loans are early release of inheritance.They say they have stat decs to say they are loans but don't state when loans are to be paid back and payments have not been made to pay them back.Would these loans be classed as gifts in property settlement?
 

Avemalle

Well-Known Member
28 February 2025
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I went through something similar and had to prove it was a loan, not a gift. We made sure there were clear records, like a loan agreement and bank transfers showing repayment terms. Stuff like emails and texts helped too. One of my mates dealt with short-term loans Edinburgh style and said having everything in writing from the start made things smoother later if questions came up during settlement.