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My Partner (girlfriend) and i broke up 4 yrs ago. Her mother

 
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  • Answered by:Alex
  • Solicitor - Admitted 2005
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Customer Question

My Partner (girlfriend) and i broke up 4 yrs ago. Her mother took out a "equity loan" to assist us with bills at the time. I was paying her mum back until 6mths ago when i asked what exactly the monies i was paying is actually for? As i have already paid my ex partner out for 2 credit cards. She is insisting that the monies owed are for trips to Nz for funerals, and everyday living. However for 2yrs of our 3.5yr relationship i was the only one working full time as she wanted to start her own business working from home. Is she in her rights to ask me to pay back her mum when during the time i worked full time amd she wasn't?

 

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State/Territory: WA

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No legal advice. I have only asked her mum and her for a itemised report on where the monies are coming off that i have paid

Submitted: 296 days and 22 hours ago.
Category: Australia Law
Value: AU$69
Status: CLOSED
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Expert:  Alex replied 296 days and 21 hours ago.

When her mother took out a loan and gave you the loaned money, did you or your ex-girlfriend sign anything?

Also, how much was the loan that her mother gave you, and how much have you repaid?

Customer replied 296 days and 19 hours ago.

No there was no contract drafted to sign for that money. I believe the amount was between 55-60K. I don't have a exact figure of what i've paid

Accepted Answer

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Expert:  Alex replied 296 days and 19 hours ago.

In that case I recommend you cease making payments on this loan and see what she does. As there was never a written contract it will be more difficult for her to sue you over this, and you would have the argument that both you and her daughter are equally responsible for repayment of the loan and not just yourself.

In any event, when you pay someone you always need to get proof of payment because a Court will not recognize payments you made if you cannot prove you made payments. That is why paying with cheque is best, XXXXX XXXXX don't recommend you pay her anything until she provides you with a full accounting, and even then, you should only agree to repay half of the $60,000.

If you're satisfied with the results of your question, then I'll ask you to please provide positive feedback so that I will get credit for the time spent on your question.

Expert TypeSolicitor - Admitted 2005
Category: Australia Law
Pos. Feedback: 94.6 %
Accepts: 12630
Answered: 7/6/2012

Experience: I did my law degree at the University of Queensland

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