I am now divorced but during my marriage I borrowed my ex husband a substantial amount of money from my inheritance and he confirmed in writing that he accepted it as a loan and would repay it. Alas, he only made 2 repayments and denied all knowledge of its existence during the divorce. It was therefore not pursued in the overall financial settlement.
Can I go to court to get my money back, or obtain a CCJ or charge on his home?
Please let me know as my ex claims is under the impression there is nothing I can do following the Financial order.
The Financials were done and dusted and it was confirmed that I would not pursue the loan in the overall financial settlement as my ex had denied its existence and at the time I was just keen to get the divorce done.
I just wondered if I can pursue it now.
No legally witnessed document just an email of confirmation from my ex, there is evidence to show the money debited from my account to his and I have his bank statements showing he received it and how it was spent from his solicitor which he submitted during the divorce.
There is not really such a thing as a loan bethween husband and wife because when you marry you commit to sharing everything. As you are divorced and have a financial settlement, the marital pot has been divided and shared out. It does not sound Luke your inheritance was ringfenced in any way.
I really don''t think you have any chance of pursuing this successfully. Sorry.
The thing is, that my ex has now finally agreed to me to buy him out, but I would like to offset what he owes me to do so. I thought the fact that it was agreed not pursue it during the overall financial settlement the debt remained a debt.
I appreciate there is no such thing as a debt between husband and wife but it was a loan to his business not him personally.
Please be aware that he is claiming that he wants his money back which he had put into the property and is holding out for it.