How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33946
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
13262538
Type Your Law Question Here...
Clare is online now

My son is getting divorced after 18 years, they have no children.

Resolved Question:

My son is getting divorced after 18 years, they have no children. Both work with my son earning approx 2.5 times my daughter-in - laws salary (she works in the NHS approx£18k)
My question is two fold:
They sold their home several months ago which was mortgaged via a Interest Only mortgage and ended up with £60 k still outstanding. This is currently being paid back to he lender. "How will this debt be split"

If I lend my son the money to clear the debt how can I ensure my daughter- in- law will pay back her dues?

Finally my daughter-in-law has seen a solicitor should my son do the same. I should add that they are both wanting an amicable divorce.
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How much does he actually earn?
What pension provision do they each have?
Where are they each living now?
Clare
Customer: replied 3 years ago.
Good morning Clare,
My sons basic salary £65k
My son contribute's £200 per month to a pension.
My son is renting @ £1000 per month

My daughter-in-law has a salary of £18.5k
My daughter-in-law has a NHS pension
My daughter-in-law lives with her widowed mother, this is something she has done for the past 2 years since selling my Sons/daughter-in-law home in Scotland.

My son was then working for a retail company that went into liquidation, my daughter-in-law then moved to her mothers and started her current job.

I'm aware that this is becoming a bit of a ask, so can you advise if there is a requirement for more funds?

Expert:  Clare replied 3 years ago.
Hi
May I just check that they are both now living in England and Wales (Scottish law is very different in this area)
Clare
Customer: replied 3 years ago.
Clare,

Both now live in England.
Expert:  Clare replied 3 years ago.
Hi
Thank you - always best to check first!
I have to say that in the event that this came before the courts (which of course we hope it will not)
it is highly likely that your son would be expected to pay the entire shortfall - especially if he wishes to avoid the chance of ongoing spouse maintenance given the difference in their incomes
If you pay the debt - it will still be a matter for your son and his wife to resolve between them.
There may be no need for a solicitor if they are able to negotiate between themselves - possibly using Family mediation (www.familymediationhelpline.co.uk)
I hope that this is of assistance - please ask if you need further details
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33946
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and 3 other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice