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STEVE0841 · Jan 19, 2012, 08:08 AM

Hello,
I bought a house 100% in my name with my girlfriend she is not on the deeds or has any claim on the house.
However after four months we split up. The problem I am having is that her father took out a loan to help her with her side of the deposit. And now I am getting pressured to pay this loan back. There is nothing in writing to say what this money was for and I have been paying it back up to today. However I don't see why I have to I'm paying all the bills and the she is not contributing to that. But I am still having to pay this loan (7000).
What can I do the loan was was wired to my account and this surely can be proved. I don't want to come across as a bad person, but she is now moved on and has a new boyfriend and is looking on moving in with him. I can only think that I am paying this so she has a new start with nothing hanging over her. I know she never was on the house deeds but she made a commitment too, it is not my fault she left. So can anyone help

Thanks Ste

ebaines · Jan 19, 2012, 08:22 AM

First - do you have a mortgage, and if so - is your ex GF a co-signor on it?

What was the stated purpose of the $7K, and was it given tio you by the GF or by her father? You say it was for "her side of the deposit," but that's incorrect. It makes no sense for either her or her father to pay a deposit for something they don't own. I think it's more properly considered to be either (a) rent to you to let her live there, or (b) a personal loan to you so that you could afford the full deposit amount. $7K seems like an awful lot of money to be considered as rent for 4 months for half a house. So I land on the side of the $7K being a loan to you, and yes you should pay it back. Remember that when you sell the house you will be getting that $7K back plus appreciation (hopefully).

You may be able to make an argument that she should have been paying half the groceries, utilities, etc. (but not the mortgage as she is not an owner). But absent an agreement to that effect I don't think you can make the argument that the $7K you owe her makes up for what you think she owes you.

STEVE0841 · Jan 22, 2012, 07:36 PM

The house is mine because she had ccjs and couldn't go on the mortgage hence why the deposit was more. The 7k was what her father gave both of us as she couldn't get on the mortgage. She new the commitment and has never helped with the mortgage bills or anything, and now I have to pay her dad a loan back while she has no responsibility. Bit un fair it seems. I appreciate your reply however. But surely that loan is his responsibility

Fr_Chuck · Jan 22, 2012, 07:58 PM

Ok, lets try this again,

What was the 7000 used for, was it used for the down payment, or was it for something else?

But this is the issue.

It is not a loan on the property, it is a personal loan.
They can prove and track the money to your account.

They can show proof that you have a history of paying it, thus proving it was a loan, not a gift.

So they can file in court for a law suit. I think they have enough evidence to win, But you will not be sure till the judge rules.

I would say you owe it though the evidence you have given us.\

Now your one defense may be that it was given by her dad to both of you, so you fight for the fact you only owe 1/2 of it back and your ex girl friend owes the other half, I could see a court agree with that.

ScottGem · Jan 23, 2012, 04:57 AM

You received a personal loan from the father. What you did with that money is immaterial. The father can show, that a) you received the money and b) you were paying the money back. With proof of those two facts, if he takes you to court he will likely win.

So I would continue repaying the loan and remember (as ebaines noted) that you will get that money back when you sell the property.