Unlike married couples or those in a civil partnership, cohabiting partners do not benefit from a legal framework that allows the court to redistribute assets following separation.

This means that if one partner has loaned a significant sum of money to the other, recovering it may depend upon the ordinary principles of contract and civil law rather than family law. As a result, proving the true nature of the payment can become extremely important.

Does it matter whether the money was a loan or a gift?

The distinction between a loan and a gift is fundamental to a dispute of this kind. A genuine gift is given with no expectation that it will be repaid, while a loan, on the other hand, creates an obligation for the recipient to return the money, either on demand or in accordance with agreed repayment terms.

Many disputes arise because couples rarely document financial arrangements during a happy relationship. One partner may genuinely believe they were providing temporary financial assistance, while the other may view the payment as an act of generosity with no expectation of repayment.

The court will not accept one person’s version of events without evidence, and will examine the surrounding circumstances to determine what was most likely intended when the money changed hands.

Is a written agreement necessary?

A written loan agreement is undoubtedly the strongest evidence that money was intended to be repaid. It can clearly set out:

  • The amount borrowed
  • When repayment should be made
  • Whether repayments are to be made by instalments
  • Whether interest is payable
  • What should happen if repayment is not made

However, many couples never prepare formal agreements because they trust each other. That said, the absence of a written contract does not automatically mean that a loan cannot be proved.

English law recognises verbal agreements in many circumstances, provided sufficient evidence exists to establish what was agreed. The difficulty is that such agreements are often much harder to prove once the relationship has broken down and recollections differ. Essentially, the more evidence available to support the existence of a loan, the stronger any potential claim is likely to become.

What evidence can help prove a loan?

When considering whether money was intended to be repaid, the court will examine all available evidence rather than relying upon a single document. Bank statements are often particularly helpful in this regard, particularly if they show a substantial transfer shortly before discussions about repayment. This may help support the argument that the payment was intended as a loan rather than an outright gift.

Likewise, payment references can sometimes be significant, such as a transfer labelled “loan”, or something similar may carry greater weight than a payment with no reference at all.

Messages exchanged between the parties are frequently among the strongest forms of evidence. Text messages, WhatsApp conversations, emails, and other electronic communications may show discussions about borrowing money, agreeing repayment dates, or acknowledging that repayment remains outstanding.

Emails discussing repayment plans, revised payment dates, or financial difficulties can all help establish that both parties understood repayment was expected. As can evidence from family members or friends who witnessed conversations about the loan, although documentary evidence will usually carry greater weight.

Does the purpose of the loan make any difference?

The reason the money was advanced may also influence how the evidence is viewed. Some common situations include:

  • Helping a partner purchase a vehicle
  • Paying off credit card debts
  • Funding education or professional qualifications
  • Contributing towards a business venture
  • Covering rent or mortgage payments
  • Assisting during unemployment or illness

In many relationships, partners naturally support one another financially without expecting repayment. Consequently, where payments relate to ordinary living expenses, proving that they were loans rather than financial support may be more difficult. Larger, one-off payments made for specific purposes may be easier to distinguish from everyday financial contributions, particularly where repayment was discussed at the time.

What happens if only part of the loan has been repaid?

Partial repayment can actually strengthen the argument that the original payment was intended to be a loan. If the recipient has already made several repayments before stopping, this may indicate that they accepted an obligation to repay the money.

Bank records showing instalment payments, standing orders or references such as “loan repayment” may become important evidence. Even if only a small proportion has been repaid, the remaining balance may still be recoverable, provided the lender can establish that an enforceable loan existed. Equally, messages apologising for missed repayments or requesting additional time may further support the claim.

What if your former partner denies everything?

Unfortunately, it is not uncommon for one party to deny that any loan ever existed after the relationship has ended. Where this happens, the dispute becomes one of evidence.

The court will assess the:

  • Credibility of both parties
  • Consistency of evidence
  • Documentary records available
  • Financial circumstances at the time
  • Repayment behaviour supports the existence of a loan
  • Communications made before and after the payment

Judges are experienced in assessing conflicting accounts and determining which version of events is more likely. Unlike criminal proceedings, civil claims are decided on the balance of probabilities; this means the court only needs to conclude that it is more likely than not that the money was loaned rather than gifted.

Are there time limits for bringing a claim?

In many cases involving loans, claims are subject to the limitation periods contained within the Limitation Act 1980. The applicable limitation period will often depend upon the nature of the agreement and precisely when repayment became due. In many straightforward contractual claims, proceedings generally need to be issued within six years.

However, determining when that six-year period begins is not always straightforward and may depend upon whether repayment was due immediately, on demand, by a specific date, or by instalments.

Because limitation issues can become complex, anyone considering legal action should seek advice as early as possible rather than waiting until the deadline approaches. Delaying unnecessarily may jeopardise the ability to recover the money altogether.

What legal options are available?

If your former partner refuses to repay the money voluntarily, several options may be available, with many disputes being resolved through negotiation.

A carefully drafted solicitor’s letter explaining the legal basis of the claim, together with supporting evidence, may encourage settlement without court proceedings. In some cases, mediation may also help both parties reach an agreement while avoiding the cost and uncertainty of litigation.

Where negotiations fail, court proceedings may become necessary. Depending upon the amount involved, a claim may proceed through the County Court with the appropriate procedure depending upon the value and complexity of the claim.

If judgment is obtained but payment is still not made, further enforcement options may be available. These could include obtaining a charging order against property, instructing enforcement agents, seeking an attachment of earnings order, or other enforcement measures where appropriate.

Obtaining judgment is therefore not always the end of the process, although it is often a significant step towards recovering the outstanding debt.

When should you seek legal advice?

Legal advice should ideally be obtained before relationships deteriorate completely, particularly where substantial sums are involved.

If you are considering lending money to your partner, having a properly drafted written agreement prepared at the outset can avoid significant disputes later.

Where the relationship has already ended and repayment has been refused, obtaining advice promptly allows your solicitor to assess the available evidence, consider any limitation issues, and identify the most appropriate course of action.

Early legal advice may also improve the prospects of resolving matters through negotiation before court proceedings become necessary.

Equally, anyone accused of owing money should seek legal advice before admitting liability or responding to formal correspondence, particularly where the nature of the payment is disputed.

If you would like advice on recovering money you loaned to your former partner or have been accused of owing money, please contact our team today.

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Co–Habitation Scenario

The scenario below does not relate to any individual clients of ours but the facts and the outcomes relate to some similar experiences in our practice.

The Scenario

Mr R separated from his partner of 10 years with whom he had a five year old son. Their apartment was in her name. This came about because he was working abroad when they began their relationship. He paid half the purchase price into his partner's account and she completed the purchase paying the other half. Now she had the property up for sale.

Our Solution

We took detailed instructions and put a block on the title. We then located the evidence to prove his claim. He offered to buy out his partner but she then insisted the apartment was worth more than the price she had been offering it for sale. We issued an application following which the property was professionally valued and Mr R bought the remaining half share. She then refused to let Mr R see their son. We obtained a declaration of parental responsibility and visiting rights for Mr R.

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About The Team

We are a specialist divorce and international divorce family law team, advising clients in the United Kingdom (specifically England and Wales) and throughout the world. We have a very people–orientated approach to working with clients. Henry Brookman has practised law for over 45 years, and our team has a wide range of skills and expertise. We are recommended by the Legal 500 and have been awarded the Law Society’s quality mark, Lexcel.

Partner

Philip Morton

Recommended by The Legal 500, Philip is an expert in all areas of family law, including domestic and international financial disputes, fraud and commercial dispute resolution.

Partner

Henry Brookman

With over 45 years' experience, Henry Brookman is the senior member of the team. He is described by The Legal 500 as ‘shrewd, savvy, sagacious and highly experienced’.

Partner

Natasha Slabas

Expert in all areas of family law, often involving cases that have an international element, including work in relation to financial settlements following divorce.

Partner

Mark Rennie

Mark is the Group Head of the Horsham Family Law team. He specialises in all areas of matrimonial law, including complex divorce and financial disputes, and is recommended by The Legal 500.

Partner

Nigel Winter

A highly experienced solicitor, Nigel has expertise in collaborative law, divorce, contested litigation, relationship agreements, and children matters. Nigel is recommended by The Legal 500.

Partner

Samantha Jago

Partner at our Guildford office and recommended by The Legal 500, Samantha has specialist expertise in divorce, children matters, complex international cases, and is a trained mediator.

Partner

Joanna Potbury

Family law specialist based in Brighton advising on divorce, cohabitation agreements, children, post-nuptial agreements, and domestic violence. Joanna is recommended by The Legal 500.

Partner

Kevin Danagher

Kevin specialises exclusively in family law, advising on all aspects of relationship breakdown, divorce, same sex marriage, marital agreements, and international family cases.

Partner

Ella Welsby

Known for her sensitivity and discretion combined with significant expertise, Ella advises on all family issues including high-value and multi-jurisdiction divorce and complex financial and children matters.

Partner

Gemma Garrett

Based in Horsham, Gemma is a specialist advising on all areas of family law including divorce and separation (often involving jurisdiction issues), complex financial matters, and children matters.

Partner

Alicia Cenizo

Alicia is a Partner in the family team and advises on all elements of family law, particularly private children work, including matters with an international element such as relocation.

Partner

Rachel Osgood

Rachel specialises in financial claims on divorce and separation with a particular emphasis on high value cases and those involving inheritances, family businesses and claims by adult children.

Partner

Nisha Tayal

With over 20 years of expertise in family law, Nisha specialises on all aspects of relationship breakdown and is trusted by clients for her discreet, tailored advice.

Family Director (filex)

Natalie Matthews Bunting

Natalie is a specialist in divorce and financial remedy, including high value cases involving multiple pensions, multiple properties and multiple businesses.

Senior Associate

Lauren Blythe

Lauren is a highly regarded specialist family law solicitor, based at our Guildford office. She advises on divorce, family finances, children matters, domestic abuse, cohabitee issues, and relationship agreements.

Senior Solicitor

Susan Hayes

Susan qualified as a solicitor in 1992 and is based at our Brighton office. She is a longstanding member of the Law Society Specialist Children Panel and Family Law Panel. Susan is also a trained Collaborative Lawyer.

Associate

Rachael Au

Rachael is a highly capable member of the family team in Brighton. She specialises in family law, advising on divorce, civil partnerships, financial matters, and children issues.

Associate

Alice Barrett

Alice advises and supports clients on a range of family law matters including divorce, separation, financial remedy, private children matters and emergency applications.

Associate

Amelia Groom

Amelia has experience across a full range of family matters, including divorce, complex disputes regarding finances that range from trusts through to cryptocurrencies, and arrangements for children.

Associate

Natalie Higham

Natalie is a Family Legal Executive who advises individuals on divorce, separation, financial remedies available to them on the breakdown of their relationship, and children matters.

Associate

Katie O'Kelly

Katie advises on a wide range of family law matters including co-habitation, divorce and separation, financial remedies, and private children law matters.

Solicitor

Sophie John

An experienced solicitor, Sophie advises on matters relating to divorce, financial separation in both marriages and cohabiting relationships and children arrangements.

Solicitor

Alex Robinson

Alex supports the family team on a variety of matrimonial and Children Act matters that are often complex and with an international element.

Paralegal

Michelle Davies

Part of the Family Law team, Michelle supports on a variety of cases involving divorce, finances, children matters and day to day enquiries.

Paralegal

Isabelle Basson

Isabelle is responsible for following up day-to-day enquiries, administrative case management and generally supporting the Family team fee-earners.

Paralegal

Amelia Mahraj

Amelia is responsible, in her current role, for dealing with day-to day enquiries, administrative duties and supporting fee earners.

Paralegal

Aimee Atalay

Aimee provides dedicated support to the Family and Contentious Probate teams across a diverse range of matters. Aimee studied Law and Criminology at the University of Kent.

Paralegal

Izzy Minor

Izzy Minor is a Paralegal in the Family Team, supporting fee earners, and is a qualified Advanced CILEx Paralegal (MCILEx), holding a Diploma in Law and Practice.

Paralegal

Madison Bryant-Pollins

Madison provides dedicated support to the Family and Contentious Probate teams, including case management and the provision of clear, empathetic assistance to clients.

Secretary

Victoria Delatouche

Victoria is a highly experienced Legal Secretary and a long-standing member of the team. She provides secretarial support for the office.

Secretary

Michelle Louison

Michelle provides secretarial support to Henry Brookman. A very experienced family law secretary, Michelle has worked in law for over 12 years.

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