Debt Related Question

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Jester01

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Hi Guys,

I have a question.

My ex and I were together for some time, we accrued some debt (In her name and mine). Also we bought a car (In her name). I paid for the car on a monthly basis as well as took out a loan to put deposit on said car... When we split she took the car, I couldn't really say anything as it was in her name and also I didn't really care, I just wanted her gone.

She left me with the furniture as the 1st time we split only 3 months earlier, she took ALL of the furniture and sent it off to Durban, where she is from. So when we got back together we took out loans on her name to buy new furniture as she couldn't get it back...

Now after a couple years of me being oh so very nice and paying the loans for her, I decided I cant do it anymore as I am getting married and my wife* wouldn't be very happy with that.

She is insisting I pay and says she will take legal action to get me to pay?

Is that even possible?!
 
Did you sign an agreement with her? If not, tell her to get lost.
 
Jester01 said:
What kind of agreement? I never signed any of the loan forms.
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Was there any written agreement between you that you would pay her debts?

You are not claiming anything that is in her name, as far as I can tell, so tell her to get lost.
She can go to all the lawyers in the world and if any of them actually come to you, you just say you where helping her because you where romantically involved and she needed your help, now the romance is over and you have decided you can no longer help her.

End of story. She cant even claim to be your common law wife because South Africa does not recognize common law unions:

Common Law Marriage


We are frequently asked by clients whether, after living together for a certain time period, they are married by common law or not. The only correct answer to such a question is “no”. There is no assumption of marriage in South African law in consequence of cohabitation regardless of the duration of the relationship.

The question which inevitably follows our advise that “common law marriage” is not recognised is, “does any mechanism exist for the division of assets accumulated in a cohabitation situation?” If parties have cohabited and they can prove that a universal partnership exists between them, all property of such a partnership is deemed to be jointly owned by the parties and debts are the joint liability of the parties.

A universal partnership is very much like a business and to prove the existence of such a partnership it must be shown that:

the aim of the partnership was to make profit;
both parties must have contributed to the enterprise;
the partnership must operate to benefit both parties;
the contract between the parties must be legitimate.
Where there is no express agreement, a tacit agreement may be proved if it is found that it is more probable than not that such an agreement had been reached between the parties at the time of cohabitation.
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Madman88 said:
Was there any written agreement between you that you would pay her debts?

You are not claiming anything that is in her name, as far as I can tell, so tell her to get lost.
She can go to all the lawyers in the world and if any of them actually come to you, you just say you where helping her because you where romantically involved and she needed your help, now the romance is over and you have decided you can no longer help her.

End of story. She cant even claim to be your common law wife because South Africa does not recognize common law unions:

http://www.meumannwhite.co.za/family-law/
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Yip I want nothing from her.

Thanks guy :)
 
Jester01 said:
What kind of agreement? I never signed any of the loan forms.
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AND YOU STILL PAY THESE AFTER A FEW YEARS!??!?!

Good sir, I would like to be the first to say you are F@&#ing moron. I say that with all the love in the world. Dude, stop paying at once tell her to come and pry the money from your cold dead hands.

I gave my ex a grace period of three month of me helping with payments because I am not the devil. But YEARS?!

dude...
 
eehellfire said:
Please go see an attorney anyway. The forum cannot substitute for sound legal advice
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Why does he need to go see as attorney? He didn't sign for anything so the logical advice given here should clear it up for him.
 
Ryanbighead said:
AND YOU STILL PAY THESE AFTER A FEW YEARS!??!?!

Good sir, I would like to be the first to say you are F@&#ing moron. I say that with all the love in the world. Dude, stop paying at once tell her to come and pry the money from your cold dead hands.

I gave my ex a grace period of three month of me helping with payments because I am not the devil. But YEARS?!

dude...
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I left her so felt bad...

But it all stops now.
 
Crowley said:
Why does he need to go see as attorney? He didn't sign for anything so the logical advice given here should clear it up for him.
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Because the situation probably isn't as clear cut as OP is making it seem
 
Only see a lawyer when she has seen one and he has sent you something... she obviously has no idea how expensive they are lol. But how much was that furniture debt if its still there after a few years.

Oh, and she is using u.
 
Ryanbighead said:
AND YOU STILL PAY THESE AFTER A FEW YEARS!??!?!

Good sir, I would like to be the first to say you are F@&#ing moron. I say that with all the love in the world. Dude, stop paying at once tell her to come and pry the money from your cold dead hands.

I gave my ex a grace period of three month of me helping with payments because I am not the devil. But YEARS?!

dude...
Click to expand...
Maybe he was still tapping dat a$$ :P
 
Jester01 said:
I told her I will help as much as I can? But that can not be construed as a binding legal document?
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I think you should take out a few rand & go see a lawyer things could get a little technical if you wrote it in an email, sms or othersuch.
 
tell her the charity has now stopped for her and she now has to foot the bill for all the debt in her name. nothing is in your name so you are not responsible for any debt. bloomin' nora!!
 
Ryanbighead said:
AND YOU STILL PAY THESE AFTER A FEW YEARS!??!?!

Good sir, I would like to be the first to say you are F@&#ing moron. I say that with all the love in the world. Dude, stop paying at once tell her to come and pry the money from your cold dead hands.

I gave my ex a grace period of three month of me helping with payments because I am not the devil. But YEARS?!

dude...
Click to expand...
+1 on the f-ing moron part
 
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