county court over money i don't owe

[Sparkles12!]

I separated almost two years ago from my partner, we have a son together and had a jointly owned home. I had to leave as he wouldn't and i took only a car worth under £2000, he kept the home (which we had a loan against to which i paid monthly payments to), the homes contents and two assets worth aprox £1000.

 

He has sold the home and made profit of £12,000 aprox, which i only recently found out about. I signed away my right to any financial settlement in the home on the belief that there was no financial gain made and in good faith.

 

I had continued to pay my share of the loan i thought was still owed on the home and requested a settlement figure, it was shortly after this i discovered from my ex partners admission the financial gain he had made and i stopped paying the loan as the money made on the home more than covered this loan in full. He feels he is entitled to this gain and that i should continue to pay the loan, which he has chosen not to pay off with the profit made from the house.

 

In short i stupidly trusted my sons father to be fair, but he is now taking me to county court to continue to pay the loan back. There is no written agreement and nothing is in my name as he has taken a loan out in his fathers name, but says i have to pay because i have shown by my previous payments i had been making, that i owe him this money.

 

Does he have legal standing?

[renegadeimp]

Have you had a claim form yet. It won't be your county court. It will be the bulk centre in Northampton. Chances are it's all hot air right now. At least until the claim form comes

[unimatrix1066]

Csa would be my first port of call , I take it the child lives with you.

Is he supporting you in any way?

He cannot have it all he's way

[steampowered]

I don't understand this at all. If the home was jointly owned, how was he able to sell it without your consent? Did you sign the sale forms?

 

When a house is sold, any mortgage registered against it gets paid off before any money is sent to the sellers. What sort of this loan was this?

 

It would be helpful if you are able to perhaps type out what is written in the particulars of claim, so we can see what is being claimed?

[andydd]

If as you say the loan is not in your name then you will owe nothing.

[Andyorch]

The marital home can be sold without the OPs involvement as she " signed away my right to any financial settlement in the home " in the divorce settlement.

 

As this " Loan " was unsecured ? and in your ex,s Father in laws name only...it has no bearing or financial connection to you...payments made towards or not.

 

Andy

[goodatresearch]

OK we need more info.

 

A loan in someone else's name is not your responsibility. The fact you made payments is irrelevant.

 

The house- was it mortgaged. What did you actually sign. Please give us more info so we can help.

[Sparkles12!]

OK we need more info.

 

A loan in someone else's name is not your responsibility. The fact you made payments is irrelevant.

 

The house- was it mortgaged. What did you actually sign. Please give us more info so we can help.

 

Hi and thank you.

 

Yes the house was mortgaged.

 

I understand he is taking me to court over making a verbal agreement which I understand is held up in law but he has to prove it, he will use me making payments after the house sale as president that I made a verbal agreement.

Thanks

[Sparkles12!]

Sorry i signed a letter saying I had no financial right to the house.

Thank you for all your help.