I've FDR next week and ex has now decided that we were together a year before we were and that he spent £20000 on my house. is it up to me to prove that he didn't live there and didn't spend money on my house or does he have to prove it true. he originally stated in form E thatit was spent after mariage and on FMH but as bank statements are for 3 years earlier has changed his mind and now wants the judge to take the new claim into consideration.
The simple answer is that you both make your case, and the court decides who it believes more. Its not like a criminal trial where one side has to prove something beyond any reasonable doubt. The court listens to both sides and decides based on the evidence where the truth lies. I would say that hard evidence is important..so whoevers arguement is best supported by the hard facts (bank statements etc) is better positioned.
Also i'm not so sure that whether or not he spent 20k on the house over a period of time is as big an issue as you might think. I very much doubt for example that a judge would set this 20k aside and return it to him before dividing other assets. The inclination of courts is to regard everything as going into the pot (with 1 of 2 exceptions such as an inheritance that has been kept seperate from marriage finances).
the monies in forme state it was spent on FMH the bank statement state it was 3 years earlier (02)so he has changed the time and house on which he supposedly spent the money.
we were not having a relationship at this time but he did stay in my houe for a few weeks end of 02 as he was homeless. he says we lived together from beginning of 02, but truth is relationship began 03 and moved in may 03
the money was not spent on house at all and was not there when relationship began. also marriage only lasted 4 months so not so sure what to do or what the pot would consist of.
proving someone didn't live with you is hard other than by what other people say. he was on electrol role from 04 and at this previous address in 03
Ok - its getting a little clearer now - i didnt realise your marriage was only 4 months.
If he wants to make a big point about this 20k then he will probably find it difficult. You say that the bank statements suggest that the money was spent some while earlier and on a different house.
I would think that if he really spent 20k on your house that he would have a whole stack of invoices from builders/tradesmen etc to show this expenditure....if he doesnt even have a single invoice then i doubt that the court would believe his story. The hard evidence (bank statements) point to money being spent earlier and his verbal claims (which contradict his own form E statement) are likely to fall on deaf ears.
He may be able to have receipts as his brother is a builder!!!!!
the money was spent on him generally spending lots and £10000 withdrawal which i think was to pay off a credit card.
my children are writing letters confirming he was not at the house at this time.
his sol is putting pressure on mainly because i'm self liting. he also has not declared his car as an asset only as a debt and refuses to give me it's value. also last year he made £3000 undisclosed deposits which i know are from work; he admits the work but not the monies saying i've got his P60!