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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34132
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My husband divorced his ex-wife in 2005, during the marriage

Customer Question

My husband divorced his ex-wife in 2005, during the marriage he had taken out a loan to pay for her car. In the divorce it states that she should have taken over payments for the car, and indemnify him for any losses. She never took over the payments for the car and he ended up paying it all. Can we now make her pay him back for this?
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.
Why did he not take action at the time?
Clare
Customer: replied 2 years ago.
The loan was in his name and for some reason he thought that he had to make the payments. However having just recently looked back through the paperwork it says that she should have made the payments not him. This was on the decree nisi. With the court stamp.
Is it too late to do anything now?
Expert:  Clare replied 2 years ago.
Hi
It would not have been on the Decree Nisi - it would have been on a separate Financial Order which he would have had to negotiate and agree it
What were the other financial provisions?
Clare
Customer: replied 2 years ago.
That he had to pay a tesco Loan, transfer of the house, and contents and that was it.
She paid a sum of 10k, that's also on there.
Expert:  Clare replied 2 years ago.
Hi
Sorry - she paid him that amount or he paid her?
Clare
Customer: replied 2 years ago.
She paid him, this was towards the transfer of the house.
Expert:  Clare replied 2 years ago.
Hi
How much is involved?
Clare
Customer: replied 2 years ago.
The car loan was for 7300 pounds
Expert:  Clare replied 2 years ago.
Hi
How much of that was paid after the order was made?
Clare
Customer: replied 2 years ago.
All of it
Expert:  Clare replied 2 years ago.
Hi
The problem is that he paid it (if you understand me)
When you ask him what explanation does he give for getting this part wrong (it seems odd when she had to give him a lump sum)
Clare
Customer: replied 2 years ago.
He thought that he had to pay it, but according to the paperwork she should have taken over the payments. Or at least sent money across to pay it. Surely although he has paid it, this would be seen as a loss, of which it says on the order she should compensate this?
Expert:  Clare replied 2 years ago.
Hi
What is her current financial situation?
Clare
Customer: replied 2 years ago.

Well he left her 100k in equity in the house, paid a 23000k tesco loan off and left her with no debt, she works part time and has probably by now paid off her mortgage on her 200k house, she does not struggle for money. I just need to know if the order can be enforced or if it is now too late?

Expert:  Clare replied 2 years ago.
Hi
Given that the Order is clear - and she is not destitute - then it should still be possible to enforce the Order.
It will not necessarily be easy since it is clear that your husband in fact carried on making the payments after the Order had been made - and his ex will say that she assumed that he was doing this out of the good ness of his heart (or even that they had jointly agreed that he would do so)
There are two possible ways forward.
Your husband could try and enforce the original Order itself - although he needs to be aware that what he is enforcing is an Undertaking (a promise) made by his ex rather than a direct order made by the court.
The other option is to treat the monies that he paid after the order as money paid in error and sue her for the return of the monies using Money claim online
https://www.moneyclaim.gov.uk/web/mcol/welcome
Either way the starting point is a written request.
I hope that this is of assistance - please ask if you need further details
Clare