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NSW Personal Loan with De Facto - Options?

Discussion in 'Debt and Bankruptcy Law Forum' started by mafro, 6 July 2015.

  1. mafro

    mafro Member

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    Hi, my de facto ex-partner and I split 2 months ago and we share a personal loan together. Since she left, she hasn't paid her share of the personal loan.

    I have called the bank and they said they can't split the loan unless we get two separate personal loans. I could probably do this but she is unemployed as far as I know and she won't do that. She refuses to have any conversation with me and doesn't respond to my emails. I just wanted to know what my options are because I don't think it's fair I have to pay out the full loan or have my borrowing record tarnished because she can't be bothered with it?
     
  2. AnnaLJ

    AnnaLJ Well-Known Member

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    Hi Mafro

    Is the loan in both of your names? If so, do you still have the contract for the loan? It should provide some details in there about what happens if one party doesn't pay (and I am guessing what it will say is that you're both jointly and severally liable). It would be worthwhile double checking exactly what the contract says re: each of your liability for the loan.

    I understand she isn't talking to you so this may be difficult, but you may want to consider agreeing together on a settlement of all property and debts shared between the two of you as a result of your relationship together. You could write her a letter of demand and include some terms you would like to reach agreement on (such as her getting out a separate loan for her half of the personal loan, division of any assets etc) and request that she reply in a certain number of days or you will take matters further.

    If you don't receive a reply then your next step might be to go to the small claims tribunal in your state. There's a small fee for making an application and you would represent yourself, but if she isn't responding to you at all then it may be your best option here.

    Best of luck
     

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