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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33516
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I have just gone through a traumatic 2 year divorce which is

Resolved Question:

I have just gone through a traumatic 2 year divorce which is now over and absolute. During the divorce i discovered that my ex husband had taken out a loan fraudelently using my name as well as his. He paid off the loan by remortgaging the house, money which he kept soley for himself. I was awarded the house in the divorce settlement but am now straddled with the remortgage payment which i believe is his debt as he had the money. can i claim this money from him ?
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is XXXXX XXXXX I will do my best to help you but I need some further information first.
Was this money taken into account when deciding the settlement?
How much is the house worth and how much is outstanding on the mortgage?
Clare
Customer: replied 3 years ago.

no it was not taken into account when deciding the settlement. The house is worth 145K and £60,040.25 is left outstanding on the mortgage. £7,618.32 is how much is left on the £12K my ex husband took out on the remortgage.

Expert:  Clare replied 3 years ago.
Hi
What assets did your ex receive in the settlement?
Clare
Customer: replied 3 years ago.

my ex keeps the house he inherited from his parents, our timeshare and 4 items he requested from the matrimonial home. The divorce has been going on now for 2 years and in all that time he did not help me with any bills etc and i am only getting £71 per week esa benefit. He is a radiographer in full time employment. I also had to pay him 2K by the 4th December. This has just been deposited with my solicitor.

Expert:  Clare replied 3 years ago.
Hi
was this an agreement reached by consent or imposed by the court?
Clare
Customer: replied 3 years ago.

it was an agreement reached by consent just after day 1 of the final court hearing. I was at the end of my tether and just wanted everything to be over. I was afraid of being homeless and having to sell the peoperties and my ex said he wanted to make a deal. He said i could have the house as long as i gave him 2K and the 4 items he wanted plus he keeps his parents house. I accepted as i didn't want to risk having to sell so the matter of the loan he took out fraudelently in 2005 did not get mentioned during day 1 of the court proceedings.

Expert:  Clare replied 3 years ago.
Hi
Then I am afraid that there is no further action you can take on this matter and you cannot claim any other funds from him- this is what a Full and Final Order means I am afraid
I am sorry to give such bad news - please ask if you need further details
Clare
Customer: replied 3 years ago.

could i not involve the police regarding the fraudelent loan as a separate issue from the divorce outcome ?

Expert:  Clare replied 3 years ago.
HI
You can report it to the Police of you wish - but whether they will take action or not is doubtful
In any event it will not change your position I am afraid
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33516
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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