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Ask Clare Your Own Question
Clare, Solicitor
Category: Law
Satisfied Customers: 34885
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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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: 1 year ago.
Category: Law
Expert:  Clare replied 1 year 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 1 year 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 1 year ago.

When was the divorce and have you remarried?

Who kept the house?

Customer: replied 1 year 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 1 year ago.
Divorce was final in January 2015.
Expert:  Clare replied 1 year 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 1 year 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 1 year ago.

No that is not relevant to your claims

Customer: replied 1 year ago.
Thank you Clare.
Expert:  Clare replied 1 year ago.

You are welcome - good luck