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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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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
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