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Advice on loans made to my ex

  • cromarty222333
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02 Dec 13 #415251 by cromarty222333
Topic started by cromarty222333
Hello - I''m new to this forum so hopefully someone will be able to offer some advice.

My spouse and I separated a year ago and divorce proceedings are just starting. We married in January 2012, so just a short marriage.

After we married I paid off some my spouses credit cards amounting to several thousand pounds.

Is there any way to try and get that money back or will it be treated as a "gift".

Thanks in advance for all advice.

Cromarty222333

  • maisymoos
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02 Dec 13 #415253 by maisymoos
Reply from maisymoos
Hi

Its money that has already been spent within the marriage, so it cannot be classified as a marital asset.

Financial remedy on divorce deals with the division of marital assets. In short childless marriages usually each party will walk away with whatever they put in.

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02 Dec 13 #415259 by cromarty222333
Reply from cromarty222333
Hi Maisymoos - thanks for the reply.

Would you mind just clarifying what you mean when you say "each party will walk away with whatever they put in"?

I''ve put money into my ex''s credit card bills. Is that money now lost forever?

C

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02 Dec 13 #415268 by maisymoos
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The money is no longer there as it has been spent, so I dont see how it could be included, does your ex even have the funds to repay you this money? Marriage unfortunately makes debts as well as assets joint.

An example if one party came into the relationship with £20k and the other £100k, which they put together to buy a property. Each party would recover their initial investment on the end of the marriage.

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02 Dec 13 #415269 by cromarty222333
Reply from cromarty222333
As far as I''m aware, my ex does not have the money to pay me back. Can they be forced to pay it back, even in small installments, over a period of time?

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02 Dec 13 #415275 by maisymoos
Reply from maisymoos
Unlikely. You can only take out what was put in if its still there eg. equity in a house, savings etc. If its been spent on unrealisable assets its gone for good.

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