Do I understand correct that you gave £100k to your son and his spouse but if that sum only £50k is protected by way of registered charge in your favour?
Why does the charge only cover ££50k?
Any written agreement in respect of of full £100k?
Why warehouse advised not to charge the full £100k?
What does the notice say?
My name is ***** ***** I have been a family lawyer for more than 35 years.
The Decree Nisi is simply the first step of the two stage divorce process, and has no relevance to the financial issues.
Within the financial matters your £50,000 is safe and will be certainly be repaid in full eventually.
Your son can certainly argue that the other £50,000 should be repaid first before there is any other distribution of assets - although it may be more realistic for him to argue that he shoudl get a larger eventual share of assets so that he can repay you in due course
Please ask if you need further details
How much is the house worth and how much is outstanding on the mortgage?
Where are she and the children living at the moment?
Does she have a new partner and how old are the children?
Excuse me Claire, I was communicating with this client first and find it disappointing that you are now communicating before I have opted out. Please kindly refrain from communicating further.