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Clare
Clare, Solicitor
Category: Property Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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Hi there, I hope you can help me. After 17 years of marriage

Resolved Question:

Hi there,

I hope you can help me.

After 17 years of marriage my husband and I separated and subsequently divorced between 2007 and 2008.

We have a 14 year old son together and I receive maintenance which pays the mortgage repayments on my house as well as my living expenses (as per our divorce settlement)

We were granted a deed of separation on 07/06/07 and our assets were split on 14/06/07

During the financial crisis of 2007/08 his company got into trouble and he came to me to ask if I would remortgage my home to lend him some money to prevent his company from going bust. As he is the father to my child and the company essentially provides for us I agreed and remortgaged for an extra £116,000 of which £115,000 was paid directly to his company. This payment was made on 01/07/08.

It was always my understanding that this was a loan.

Our final divorce came through on 10/12/08.

During the latter part of 2008 into 2009 his he told me his company was suffering more problems and he asked me to extend his loan. Another £70,000 was added to the mortgage on 02/02/09 bringing the mortgage total to an eye watering £677,219.

No extra payments have been made to reduce these extra loans in the subsequent years.

In 2011 I began to get concerned about this and asked him for a written confirmation that these loans were over and above what we had agreed upon in our divorce settlement and I never received this confirmation.

In fact, whilst he verbally agrees that the second payment of £70,000 was a loan as it was made after our divorce, he is contesting that the first payment of £115,000 was not a personal loan and was money that was owed to him for house renovation costs.

I think that he is hiding behind the fact that the loan was made before our divorce was finalised. However, I made this loan in good faith after our assets were split officially.

Can you please help to clarify my position on the first (larger) loan?

I appreciate that I should have got something in writing at the time but as the father of my child I had no reason to doubt him.

Kind regards

S
Submitted: 3 years ago.
Category: Property Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question
My name is Clare
I shall do my best to help you but I need some further information first
Was there a Financial Order setting out the financial arrangements sealed by the Courts at the time of the Divorce?
Clare
Customer: replied 3 years ago.

Hi Clare,


 


tfor hanks for getting back to me and apologies for any typos, I'm writing on my phone.


 


all the financial arrangements were indeed sealed by the courts.


 


best


 


sophie

Expert:  Clare replied 3 years ago.
Hi
Was that made before or after the loans?
Clare
Customer: replied 3 years ago.

It was made before the loans...

Expert:  Clare replied 3 years ago.
Hi
Was the Order a straight repeat of the Separation Agreement (it must have been made after the first loan hence my concern)
Clare
Customer: replied 3 years ago.

Hi, yes it was

Expert:  Clare replied 3 years ago.
Hi
Your ex is trying to use the fact that the loan was made prior to the "final" order being made to argue that it falls within the Finances covered by that Order which is expressed to be the final word on the previous financial relationships between you
However I am relatively certain that you will be able to successfully argue that this transaction was entirely separate - and more of a commercial one at that.
You may have to start court action to recover the funds - the amount involved means that it is likely to be a High court Action
i hope that this is of assistance - please ask if you need further details
Clare
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