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Ask Clare Your Own Question
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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Quick question. My wife and I are divorcing after

Customer Question

Hello, quick question.
My wife and I are divorcing after 2 years marriage under the 2 year separation.
My late Mother died of cancer during the marriage and my Step Mum took the NHS to court and won £70000.
My step Mum gave me/us a family loan to be paid back at some point of £35000. This was to buy new cars and pay debt ect.
She is trying to say that this was an inheritance and she wants some but this was only ever a direct loan from my step Mums account to mine. I also have a letter from her confirming this was a loan.
Can I confirm that there is no claim to be made from her?
I think the word if "golddigger"
Thanks
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
According to her solicitor she will be asking me to fill in a E form.
We have no property and no children together and no assets..
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstHow long had you actually lived togetherWill your step mother confirm that she requires the money back?
Customer: replied 1 year ago.
Hi we lived together for about 5 years and married for 2. Been separated nearly 4 years.
My step mother will confirm in writting that she indeed requires the money back.
Expert:  Clare replied 1 year ago.
What is the extent of the other assets?
Customer: replied 1 year ago.
Hi, there are no other assets. No House, no children and we split the limited funds in our joint account when we split in 2012.
Customer: replied 1 year ago.
This is from my solicitor
When I was speaking to Sara solicitor she did asked me whether I was also instructed to deal with the financial matters. Initially I said that I was instructed to deal with the divorce to which she replied that Sara does intend to ask you to make financial disclosure on a voluntary basis and that this financial disclosure will be made by way of a Form E (you can view this form on-line to see the format). There was mention that you have received inheritance (?) from your mother which I understand was connected to an NHS claim (apologies if this is incorrect).This was never an inheritance this was only ever a loan as the court case was in my step mums name and she is the only one who was paid from the case in 2012.
Expert:  Clare replied 1 year ago.
What was the money actually used for?
Customer: replied 1 year ago.
New car for her pay off debts and new car for me and if anything left towards a house deposit.
Once we split I then bought my car with the remaining money.If I can prove this was a loan then would this need to added to the E form and would the courts tell her to pay any back?Thanks
Expert:  Clare replied 1 year ago.
Did she keep her car?
Customer: replied 1 year ago.
Yes, well she crashed it two weeks after she ran off with her new partner. I only assume she claimed on her insurance as it was a write off but the car was in her name but paid for out of this loan. Car was £5000
Expert:  Clare replied 1 year ago.
How much is your car worth?
Customer: replied 1 year ago.
Mine was about £11000.
Customer: replied 1 year ago.
The majority of the debt cleared was mine as well but if i remember it was used to clear her CC as well of about £1200.
The main question is she is saying this was inheritance when I have proof it was a loan.
Am I right in saying she cant try and claim money from a loan?
Thanks
Expert:  Clare replied 1 year ago.
From what you have said the issue is irrelevant.Inheritance or loan it has been spent.Even if the Court accepted that it was a loan your ex will not be Ordered to help you repay itIndeed since none ids left it will only appear on the Form E as a debt.Please ask if you need further details
Customer: replied 1 year ago.
I find it hard understanding the legal system. If you lose your Mother whilst your married and then after 4 years separation your wife tries to claim money from her death, I don't see how any court wouldnt see this as inhumane or indeed what sort of human would delve to those low places and think their actions are justified.Thanks for your advise Clare
Expert:  Clare replied 1 year ago.
Indeed in the circumstances you describe your ex would not have received half of the money had it not already been spent
Clare and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Hi Clare, could I ask 1 more thing.
Once we both fill in the E form and solicitors exchange these. If they see there is nothing to fight over then mediation would not be recommended right?Rhys
Expert:  Clare replied 1 year ago.
Mediation might still be relevant to help your ex understand that it is in the interests of both of you to have a Consent Order dismissing all future claims you may have on each other

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