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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33528
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My 47year old daughter remarried some 4 years ago and on account

Resolved Question:

My 47year old daughter remarried some 4 years ago and on account of the new husbands(age 33) constant lies and infidelity (admitted by word of mouth), he left the marital home some 9 months ago.There is one child age 8 by this Union and three by former marriage(22.21.16)
She wishes to proceed with a divorce , as there is no possibility of a reconciliation. At the time of the marriage a pre-nuptial agreement was arranged whereby my Daughter provided 90% equity and the husband 10% and that this would be the agreed percentage if the marriage failed.....To facilitate the purchase of the property I advanced to HIM a sum of £30,000 interest free and to date there is £21750 outstanding. . The current value after expenses of the property is £430,000 and I assume he is entitled to £43000 less outstanding mortgage.leaving him some £21750.(he thought incorrectly that he would get the 10% without redeeming the balance of the mortgage.The property is registered as Tenants in common.
My daughter will probably need to get a local Solicitor involved but I felt some early advice to me could be useful leading up to this.
However he is generally proving uncooperative and somewhat a fantasist . I would like to know what is the best way forward to ensure that he is no longer involved
Thank you *****
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 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.
Was the prenuptial agreement signed at least 28 days before the marriage and after her ex had has separate legal advice?
How much is outstanding on the mortgage?
How was your loan protected?
Clare
Customer: replied 2 years ago.

Hello Claire

The prenup was signed on the 9th FEBRUARY 2009. They were married 7th March 2009.

Her EX did have separate legal advice(or claimed to do so)

There is at today's date £21.750 outstanding and an agreement was drawn up and signed covering repayment, interest free for a period of 10 Years..(to date he has paid by D/d £250 p/m for 33months.commence APRIL 2012 when they moved to a new house Prior to this the previous property was solely in Tracy's name.

Many thanks and I look forward for your kind reply

James SADD

Expert:  Clare replied 2 years ago.
Hi
For clarity then - there is no residential mortgage that needs to be paid off at all?
How long have they lived together in total and what income do they each have?
Clare
Customer: replied 2 years ago.

Hello Claire

There is NO residential mortgage other than a personal loan to the husband from me of £30,000( repaying @ £250p/m over 10 years interest free)( as he wished to have a 10% interest in the house.(bal o/s £21750).(There is a contract)

If this is repaid in full I will apply it to My Daughters benefit towards his 10% share of the property.

They have lived together for around 8-9 years . HIS income as S/e Electrical supplier(retail) was previously given as £17000(although owing to strong competition ) he now states in the region of only £11000. He supports this with a grey area where he provides repairs and installations of electrical supplies to various organisations . He also claims this is a modest amount(undisclosed) probably much is cash in hand.??i

My Daughter in recent months has had to return to work where she is a Teaching assistant part time 16hours for which she receives app £105p/w ( about £5400p/a) inaddition she has benefits applied amounting to around £5000p/a. From her former husband she receives maintenance for the teenage son of £1200p/a)

She is reluctant to take help from my wife and I as we are retired pensioners but we will help where we can.

However the main aspect is that she is free from the marriage on account of his long standing infidelity , cover up lies( although he has openly admitted his womanizing etc. He is now becoming more and more abusive and with unfounded accusations. (He left the house in March 2014....) He has given verbal veiled threats as well even though he is part time (unpaid) Special Police.officer and she is concerned that he may intend harm..

Regards

James

If you are able to reply today it would be appreciated as I am seeing my daughter this weekend. ...The e mails from Just Answer do not seem to arrive confirming your reply but I will track the computer Thank you again J.

Expert:  Clare replied 2 years ago.
Hi
My apologies for the delay
Can you just confirm that the loan you made was not secured on the property?
Has your daughter actually issued court proceedings?
Clare
Customer: replied 2 years ago.

Hello Claire

The loan was NOT secured on the property.

No court proceedings have been issued at present. Presumably this will come unless an amicable arrangement can be found.

Regards

James

Expert:  Clare replied 2 years ago.
Hi
Your loan is a matter between you and your son in law and you cannot insist that is paid to you from the settlement UNLESS you have a court order allowing this
Within the Financial side of the divorce proceedings it is up to the Court to decide whether or not to accept the Pre Nuptial Agreement.
The substantial difference in the amounts that they will each receive makes it possible that the court will not abide by the terms given that he will only have £22,000 at the end of the process.
Your daughter needs to try and negotiate with her ex using Family mediation
www.familymediationhelpline.co.uk
If that fails then she will have to make the financial application within the divorce proceedings
Please ask if you need further details
Clare
Customer: replied 2 years ago.

Hello Claire

My daughter has just advised me that she has a DEED OF TRUST with a tenancy in common. which states 90% equity to my daughter and 10% to her husband , she also has pre nup as advised.

Does this make any difference to your former advice.

I would be grateful to receive your comments and will of course add bonus for extra advice

Many thanks

James

Expert:  Clare replied 2 years ago.
Hi
That does not change my advice at all - the Family Court has the power to redistribute the family assets in anyway that they consider fair.
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33528
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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