Money loaned to my partner for mortgage arrears

[cdambra68]

In March 2019 I loaned my partner almost £6400:00 for mortgage arrears she was in and facing immediate repossession. I agreed and the amount was loaned and paid directly to the mortgage company, on the verbal agreement she paid me back once her property was sold and her share of the monies was available. Since then the relationship has soured and she no longer wants to pay any of the amount I loaned to her back. Unfortunately because I thought our relationship was built on trust I did not get her to sign a contract. I would be most grateful if you could advise me as to whether I have a case to claim back what I am owed or would I just be wasting my time pursuing the matter?

[atticus]

You describe a case that can be pursued.

But what you need is evidence to help you prove it. Presumably you have a paper trail for the money. As to the agreement to repay, any e-mails, SMS, Whatsapp messages etc between you?

[dslippy]

You would have a case, but as yet she has not broken her promise.
Take advice on getting your loan secured itself on her share.

[cdambra68]

You describe a case that can be pursued.

But what you need is evidence to help you prove it. Presumably you have a paper trail for the money. As to the agreement to repay, any e-mails, SMS, Whatsapp messages etc between you?

Thank you Atticus, yes I can produce bank statements to prove I paid the money directly to her mortgage company. I don't have any emails, WhatsApp etc to show though since it was agreed verbally bearing in mind the short time I needed to act. My partner's property has since been sold but she will not tell me about the whether she has access to the funds. Whilst I state 'partner -we are only living together until we can find separate accommodation.
My fear has always been I pursue this case in court and end up losing with damaging costs, nothing is 100% I know but would just like to know where I stand.

[atticus]

You stand with a case that you might win. Or that you might lose. Additional evidence helps. I suggest you spend a few weeks thinking about it, and seeing what you can find, even the slightest reference in all the time since the loan to payment/timing of payment would help

[islandgirl]

She will no doubt say the money was a gift. You need to prove it was a loan.