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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34581
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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My son lives in Spain, his ex-wife lives in UK. They moved

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My son lives in Spain, his ex-wife lives in UK. They moved to Spain together with their 3 children in 2001. She returned to the UK with their children in 2005 and divorced my son, in UK, in 2006. The court ordered that my son pay her £125,000 in full and final settlement. My son did not have, and still does not have, sufficient assets to cover the settlement and so has paid nothing. He did make some provision for the children who are now all over 18. His ex-wife is an alcoholic and declared herself bankrupt in 2013. The receiver placed a lien on my son's house (in Spain) which is valued at about £100,000. The lien, if not acted upon within 12 months, becomes invalid.
As 2 years have now passed and I presume that the ex-wife is out of her bankruptcy, my question is :- does my son's financial liability lapse with the end of the ex's bankruptcy ? If not, is there anything he can do to clear the liability ? If it does lapse, is there anything he should do to finally clear her name from the deeds of his house. Basically, the house is in need of considerable renovation and he is obviously disinclined to spend money on the renovation if she can still come along demanding £125,000.
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
HIThank you for your questionMy name is ***** ***** I shall do my best to help you.Since it was not his Bankruptcy your son does still owe the money.The only question is whether or not his ex will ever bother to enforce it given that some of it would be due to the Trustee in Bankruptcy.I hope that this is of assistance - please ask if you need further detailsClare
Customer: replied 2 years ago.
Hi Clare
Thank you for your response.
I was under the impression that the receiver/trustee was obligated to collect all monies owed to the bankruptee as well as settling their debts, where possible. It would seem to me that the receiver/trustee failed in his duties in that having put a lien on my son's property, he did not pursue the claim. I am fairly sure although not absolutely certain that the lien becomes invalid after 12 months.
My son's property was falsely valued, by his ex wife's "team", at about twice it's true value at the time of the divorce and as a result the judge decided that his ex should receive half of it's value. Unfortunately, my son did not receive very much of the court paperwork, whilst the divorce was proceeding, and so was not in a position to prove the property's true value. I assume that it is now too late to contest the financial settlement.
Your further advice would be appreciated.
Best regards
Hartley Fear
Expert:  Clare replied 2 years ago.
Did your son have legal advice at the time of the Matrimonial hearings?
Customer: replied 2 years ago.
Hi Clare
Thanks for your response.
Karl's legal advice was a bit hit and miss. He did not want to contest his wife's petition and living in Spain, he did not qualify for legal aid. He spent most of his savings (about £12,000) on solicitors but his wife's solicitors claimed several times that they had not received documents which his solicitors claimed to have sent. The judge eventually agreed that Karl could communicate directly with his wife's solicitors but even they claimed to have received nothing. They once claimed, in an email, that they had not received an email which Karl had sent. The email in dispute was actually attached to their response ! I feel that they were less than honest in several ways, but the judge was persuaded by their arguments.
Best regards
Hartley Fear
Expert:  Clare replied 2 years ago.
So he had advice and was represented in court?
Customer: replied 2 years ago.
Hi Clare
No, he was not represented in court as he didn't receive notification of the court hearing. He had legal advice from a Spanish solicitor here in Spain.
Expert:  Clare replied 2 years ago.
I am sorry - do you mean he did not seek advice from a UK solicitor regarding the UK hearings?May I ask why not?
Customer: replied 2 years ago.
Hi Clare
In retrospect that would have seemed the right thing to do - I don't know why he didn't.
Expert:  Clare replied 2 years ago.
If you do mind me saying so it makes no sense at allHaving said that hind sight is a wonderful thing.I am afraid however that the debt to his ex stands - although the money may indeed be payable to the Trustee in Bankruptcy should any monies be recovered
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