How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Clare Your Own Question

Clare, Solicitor
Category: Law
Satisfied Customers: 33031
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Type Your Law Question Here...
Clare is online now

My father in law provided me and my ex wife with a gifted

Customer Question

My father in law provided me and my ex wife with a gifted deposit which he has agreed was gifted of 24k and other funds, in total it was 40k. In repaying him I agreed with him verbally a final repayment of 34k and he agreed. 2.5 yrs on he is requesting that I pay him the 6k difference. My payment to him was referenced Final Loan Repayment. Does he have a case?
Submitted: 2 months ago.
Category: Law
Expert:  Clare replied 2 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

How was this dealt with within the financial part of your divorce?

Customer: replied 2 months ago.
There was no financial agreements signed or in place at all in place between me and him or relating to the the property. I paid him the verbally agreed 34k and referenced the payment to him "final loan repayment" this was 2 and a half yrs ago. The 24k that he gave as a deposit was gifted and there is a solicitors letter stating so and that it would not have to be repaid. The divorce had no settlement as we were both in agreement.
Expert:  Clare replied 2 months ago.

When was the divorce and have you remarried?

Who kept the house?

Customer: replied 2 months ago.
The house was sold prior to the actual divorce and 34k returned to her dad. There was no equity in the house. I have not remarried but she has moved on to a new relationship with kids.
Customer: replied 2 months ago.
Divorce was final in January 2015.
Expert:  Clare replied 2 months ago.

You can certainly argue that there is clear evidence that he accepted the £34,000 in full and final settlement - and I believe that the Small Claim Court would agree.

However there is another argument as well

This was undoubtedly a joint debt with your ex and she is as liable for it as you.

Indeed it could be argued that since it was in many ways a family "loan" - sometimes referred t as a "soft debt" and you were entitled to assume that this was a matter between your ex and her family - and accordingly you will join her in in any claim - either within the Small Claim s procedure - or , since you have not remarried, by opening a financial claim within the divorce in an attempt to recover the overpayment to her father ......

Please ask if you need further details

Customer: replied 2 months ago.
Many thanks for your help. In the actual divorce papers she stated in the prayer that she wanted nothing financial from me whether a lump sum or periodic payments. Can that be used also?
Expert:  Clare replied 2 months ago.

No that is not relevant to your claims

Customer: replied 2 months ago.
Thank you Clare.
Expert:  Clare replied 2 months ago.

You are welcome - good luck

What Customers are Saying:

  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther

Meet The Experts:

  • Jo C.

    Jo C.


    Satisfied Customers:

    Over 5 years in practice
< Last | Next >
  • Jo C.'s Avatar

    Jo C.


    Satisfied Customers:

    Over 5 years in practice
  • Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • Buachaill's Avatar



    Satisfied Customers:

    Barrister 17 years experience
  • Max Lowry's Avatar

    Max Lowry


    Satisfied Customers:

    LLB, 10 years post qualification experience
  • UK_Lawyer's Avatar



    Satisfied Customers:

    I am a qualified solicitor and an expert in UK law.
  • Kasare's Avatar



    Satisfied Customers:

    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • Joshua's Avatar



    Satisfied Customers:

    LL.B (Hons), Higher Prof. Dip. Law & Practice