Would this be mean of me? Will I be in the wrong?

Question

Ive recently split with my fella and I have been paying a loan, set up in his name. Still have 2 out of the 3 yrs to pay it off but was wondering if he mucks me about on the money im owed on him paying me out of the mortgage, if I stop the loan payments would I get into trouble or will he have a leg to stand on? Advice would be grately appreciated x

The money was used to pay off my car, credit card and a joint holiday!

Answer 1

Were you married, common law, or just dating?

If the loan is only in his name and you didn't sign anything - and the law would not detrermine you to be his married partner, he is fully responsible for the balance of the loan.

Be careful though, what goes around comes around!

Answer 2

I believe that if the loan is in his name, then legally it is his responsibility and you do not have to pay him it. Under UK contract law there cannot be a contract unless there is consideration. Consideration means that each party does something for the other. In the case of a loan: the debtor gets money now which he needs, and the creditor gets more money overall, as they charge interest. There is therefore consideration. Your agreement to pay your fella the repayments of the loan was not a contract, as he gained nothing from it. Therefore there is no contract for you to pay him, and so legally you do not have to.

In general it would be morally wrong of you to stop making the payments to him, but not illegal. However, if I understand your situation correctly, then he needs to pay you money because he has kept the house which you paid for part of the mortgage for? In that case, if he doesn't pay you the money he owes you, don't bother paying him the money you owe him! And seeing as the house is in your name as well as his (hopefully), then you can take him to court for not giving you your money, but he can't take you to court, and serve him right for being an a**hole.

If you want to be absolutely sure, I would go and talk to your local Citizens' Advice Bureau. They dispense free legal advice, which it sounds like you might need!

Answer 3

There's no doubt you will b morally wrong. On the other hand if there is absolutely nothing and i mean nothing to tie u to the loan, he hasn't a leg to stand on. But if he took the loan out for u for a particular reason, u could b biting ur nose to spite ur face, as it could totally screw up ur credit image, if u care about that. It's a catch22 situation and u must weigh everything before u do something dumb. Maybe u could get him to turn the loan over to u with ur name and b done with him and keep ur good credit name. good luck.

Answer 4

i can only assume you jointly own the property you're referring to. if you have an agreement, whether verbal or in writing, then its an agreement (legally recognized) whereby he pays you what is rightfully yours and you pay him what is rightfully his. If you pay off his loan out of kindness, then you can stop the agreement and say you no longer want to offer him this kindness, given your break up.
If you have agreed to pay it cause he was paying something of yours, then, you have to commit to the agreement if its a mutual one. if you've been living together for more than 5 years i think the law recognizes a partnership (i'm talking from the uk perspective). any agreement you make with someone is legally binding, however, if he has no proof of the agreement, and you owe him nothing, then you've got room to errr, withdraw? you could explain (if he contests your decision legally) that you were paying it up to such and such a point (your breakup) out of kindness but now no longer felt that way because of x amount of reasons. If the loan is set up in his name, but you benefitted from it, directly or indirectly, then you are also under obligation to continue paying... i suggest anything forthcoming from the property is used to settle the loan so that you dont need to be saddled with this debt (both of you need to settle it as i can only assume it was used to benefit both of you).

Answer 5

You won't get in trouble, but it's really up to u on if you want to keep paying it. He shouldn't have got the loan in his name without realizing that some things just don't last. Really, in my opinion, if you want to remain friends, you two should work something out on payments, but if you don't care either way, save the monthly and buy something for yourself.

Answer 6

no,it wouldnt be mean.why should you be left with the debt,if its in his name? its his debt,let him pay it.you wouldnt get into trouble,unless you signed anything too.if you've got a forwarding address for him,then send the demand letters there,if you havent then write not known at this address on the envelope and pop it back in the post.at the end of the day you're on your own now,put number 1 first. edit:; reading your additional details,it doesnt matter what the money was used for,its still in his name,therefore its him who owes the money,please dont worry.

Answer 7

It would be mean of you .... not a nice thing to do! But legally the loan is in his name and that is what matters to the law.

Answer 8

Hey, the loans in HIS name. Tell him it's HIS responsibility now. If your name isn't on it, you have nothing to worry about.

Answer 9

Depends if it can be proved what the money was spent on. If you own anything that it can be proved the money was spent on then you will most likely be accountable.

Answer 10

His name his payments.
But what was the loan for you or him.
If its something for you then I would say pay it no matter he has done.
Unfair to let someone else to pay for something you have.