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wondering789
Feb 10, 2009, 09:28 AM
I split up with my ex b/f 15 months ago when I found out he was cheating on me with my best friend. We had a mortgaged house together, yet 6 hours after I finished it with him he moved in with my EX best friend, which I don’t have a problem with. I too moved out of our house as I could not afford it alone.

I decorated the house and prepared it for sale. We agreed that he would take £8,000 (5 now and 3 when the house completed) to walk away because the house was in bad décor when we bought it and was worth more now.

He agreed and we signed a contract. He got his £5,000. No where in the agreement said that he didn’t need to carry on helping me pay the mortgage until the house was sold, only that he relinquished right to any further profit.

It’s now been 15 months and as the prices of houses drops further and further, the debt is stacking up. I have told him about the potential of the house being repossessed if he doesn’t help me and he is pleading poverty about his 1 month old baby and a g/f on maternity leave. So he is basically abandoning his old responsibilities for new ones.

Me, though, like a mug have been paying it for the last 15 months because I don’t want to be on a repossession register for 5 years.

Is there any way I can MAKE him pay (the companies chasing him doesn’t scare him) and maybe claim back half of the money for the last 15 months?

Please help!:(

Justice Matters
Feb 10, 2009, 10:34 AM
If your ex-boyfriend cannot or will not pay you may not be able to find a way to make him do otherwise. It would be nice if you could at least sue him after the house is sold for his share of the payments that you made on his behalf but this may not be successful either - it depends upon the contract and/or the laws of jurisdiction.

The contract you described is obviously not helping you in this matter since he received a large sum of money and all you received in the here-and-now is a large liability. Regrettably the deficiencies in the contract may be your downfall. It would have been much better if his entitlement to any monies or proceeds was conditional upon his continued payments up until the time the house was sold.

And without seeing the contract we wonder if he could possibly argue that your current predicament is largely of your own making by failing to list the house for sale at an appropriate price 15 months ago.

If the contract was drafted without the benefit of legal representation and/or drafted by your ex-boyfriend there may be some legal arguments that could be advanced to assist in your situation. If the two of you were in a common law relationship this could also be a consideration as could any applicable local laws. In any event, we strongly recommend that you consult with a lawyer to better explore what legal rights and remedies may be available to you.