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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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Hi, I have recently split from my husband. He qualified

Resolved Question:

Hi,

I have recently split from my husband. He qualified as an airline pilot before we got married, but was never able to get an aviation job in the uk. 18 months after we got married he went over to Indonesia to get work and I lent him £20,000 to set himself up there while he waited for his work permit to come through and his training to start. He now wants to stay there and our marriage is over. Is there anything I can do legally to try and get my money back if he doesn't give it to me voluntarily?
Submitted: 2 years ago.
Category: Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello,

Do you have any proof that the money was a loan and not a gift? Does he have any assets in the UK or in Indonesia?
Customer: replied 2 years ago.

Hi,


 


The money was given to him over a period of 18 months (usually 2-3 times per month) not all in a lump sum. I don't have any proof that it was a loan. He has no assets at all in either the UK or Indonesia. I basically sent him money every month for him to live off and to cover his bills and rent for the 18 months he was in Indonesia before his job started.

Expert:  UKSolicitorJA replied 2 years ago.
Thank you.

I am afraid if he has no assets and does not admit that the money was lent to him and says that it was gifted to him, you do not legally have a strong case to get your money back.

You should try non legal means of getting the money back e.g. Gentle persuasion that he should pay it back to you.

May I help further?
Customer: replied 2 years ago.

I do have emails where we have discussed him paying me back - is this enough evidence that it wasn't a gift? Also, if we get divorced can I claim a percentage of future earnings as he wouldn't have started his career without my help.

Expert:  UKSolicitorJA replied 2 years ago.
Yes, you could use the emails as evidence that it was a gift and not a loan. As he is in Indonesia, you will have a hard time claiming anything from him though, it is a different legal system and jurisdiction.

Hope this helps
Customer: replied 2 years ago.

Do you mean proof it was a loan and not a gift?

Expert:  UKSolicitorJA replied 2 years ago.
Sorry, yes, i meant proof it was a loan and not a gift.

All the best, ***** ***** feedback
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience: English solicitor with over 12 years experience
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