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.
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.
