Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
How long has the money been owed to you?
OK, thank you for your response and apologies for the delay. I will review the relevant information and laws and will get back to you in a short while. There is no need to wait here as you will receive an email when I have responded. Also, please do not responded to this message as it will just push your questions to the back of the queue and you may experience unnecessary delays. Thank you.
I have looked into your query in more detail but unfortunately it is not something I can assist with. I will therefore ‘opt out’ and a colleague better placed to deal with the nature of your query should hopefully pick this up soon. Please do not reply in the meantime as that will just assign the question back to me and you will experience a delay. Thank you
My name is ***** ***** I shall do my best to help you but I need some further information first.
For clarity how much was the purchase price of the property they first purchased?
How much is the current property worth and how much is outstanding on the mortgage?
Which country is the divorce taking place in?
So there is an ongoing financial claim
Has this debt been raised by your son within those proceedings?
The only potentially successful option that is open to you is to "Intervene" within the Financial side of the divorce proceedings to make a claim against the value of the
last Matrimonial home.
To answer your specific questions in Order
1. The only way that the family court will take notice of you is if you apply as an "intervenor" in the proceedings arguing that the money that was used to purchase the first matrimonial home came from you and needs to be returned.
2. No she will not be in contempt of court and the court will ONLY make a ruling on the issue if you are an "intervenor"
3. No you cannot use her solicitors address in this way UNLESS they specifically tell you they are acting for you in this matter
You may in fact already be out of time to take any other - depending on whether you and she discussed the debt after 2004
Please ask if you need further details
Are you able to discuss this with your son?
Please understand that no matter what you feel about who should pay it it is a matrimonial debt which will be taken into account by the court and the Judge may decide who is responsible for payment - or more likely, will order that it is repaid from the proceeds of any sale before those proceeds are divided between your son and his ex
The starting point is for you to write a formal letter to both sets of solicitors and inform them that you intend to pursue the issue of the loan made to you and will intervene if necessary. This allows them both to agree that this is a matrimonial debt and that you need to be repaid - which would mean that there is no need for an Intervention.
If there is no acknowledgement of the debt from both parties and your son does not wish to raise the issue then you will need to make an applictaion to be Joined into the proceedings using the form here
(Ignore the adoption reference)
The fee will be £155.
In answer to your specific questions
A, Yes well within
b see above
c that is up to you but the sooner the better
You are most welcome and I hope all goes well