I am owed money by an ex-partner

You do not lose the protection of the courts because you live together.

Your property remains separate. Outside of marriage, the intention of the lender is as important as it would be with a stranger in the street. It is only upon marriage that property enters a communal pot upon separation.

However, you cannot offer a holiday as a gift and then ask for half the cost back when you split up. But when you lend someone money so they may purchase a car / pay off a credit card / go to college you can expect to get that money repaid, irrespective of what happens to the relationship.

In England and Wales there has to be an intention to be legally bound. In other words there has to be an intention for the money to be paid back. You are the owed party and you only need to prove the debt to the civil standard,that is with 'reasonable' certainty.

Keep your claim specific.

State the reason for the loan, the exact sum, the date(s) it was made, explain the agreed payback plan and state clearly that the money fell outside your day-to-day domestic arrangements (shared housing costs, food, petrol etc).

If you can, provide evidence of the money coming out of your account eg statement, cheque or similar and ideally entering your ex's account but often it is given in cash.

If you choose to start your claim with our pre-action® ADR® service in the discovery section you will ask your ex to show evidence of where the money came from - if not from you.

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