personal injury compensation claim

Ten thousand was left to our son in my in laws will. This cant be paid unless the house is sold. Re the debts: We had a retail business whilst living in cornwall, due to various and complicated circumstances in order to keep the business going I ran up 80 grands worth of debt to try and keep the business going. At the time I didnt know which way to turn except to try and keep it going. Some of this debt is in my name, but the majority is in joint names of which he is the main account holder. He also didnt know about the majority of the debt. ( if you knew my ex you would understand how this occured, but irrelevant at moment)I also made the mistake of signing a loan agreement on his behalf . He is now telling me his solicitor will take this further and has already involved the police. He tells me that all this can be prevented if I agree to his original proposal and I really dont know what to do. If the house is sold then I am happy to take on ALL of the debt and pay it off from my share. Do I give in to his proposal or fight it in court. Am I risking being done for fraud?

Every penny of this money borrowed was put into the business. It wasnt fro my own personal gain.
And re my compensation, I have no idea how much it will be other than it will be at least £25,000. This was a figured offered before I had two further ops and all the investigations were completed

" the origin of the assets did not exclude them from the court's dispositive powers, each case turned on it's own facts and in many cases sharing must be tempered to reflect the particular needs of the recipient of the damages, as well as the nature of the acquisition of the capital.

.. award was to be made [subject to a Mesher provision of one third, realisable on the twins' maturity,] to reflect the origin of the assets and in light of the husband's likely increased needs at that time."


Mansfield v Mansfield [2011] EWCA Civ 1056

www.familylawweek.co.uk/site.aspx?i=ed86085

The difference in my case being that I had already left my husband when the accident occurred.

The resources of both parties need to be disclosed. All the assets held jointly and solely at the time of the settlement form to matrimonial "pot" to be shared. There are arguments for some assets, such as compensation for pain, suffering, loss of amenity and any care element or assets not acquired during the marriage to be considered non matrimonial and they are then allotted back to one party.

The value of the pot is split according to a checklist of factors in s25 Matrimonial Causes Act 1973 and in many cases the needs of the parties will come at the top, or near the top of the list.

sueavalon wrote:

Ten thousand was left to our son in my in laws will.

Hm, when was this, and how was it paid? Did he receive £10k, and give it to you or your husband for the house? Did he never actually receive any money but it was assumed he would get £10k when the house sold? Is there any written documentation of the arrangement?

Do I give in to his proposal or fight it in court.

Nobody can tell you that without the answers to all of my earlier questions. If you're not happy to put this information on a public forum then I would highly recommend seeing a solicitor, who you can give all the figures to. Many do a free initial consultation so you really have nothing to lose.

he hasnt received any of this money as yet, and yes, I have a copy of the will which states all of this.