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can someone please help me?

  • soulruler
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04 Nov 12 #364646 by soulruler
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Well if he and brother were the only beneficiaries then he can give it to his Mum if he wants but as you say sounds like a game.

I think if I were you I would apply for financial remedy yourself, fill in the forms for disclosure, Financial E and depending on what comes back in your circumstance I would be looking for the £24,000 personally in order to house you and your son as you have by way majority care and he has housed himself and given some of his inheritance away to his mum rather even than putting into a sole let alone joint (which I can see why he wouldn''t) savings account.

One of the criteria in Section 25 of the Marital Causes Act is the contribution both parties are likely to make in the future to the children.

He appears to have made it perfectly plain that he does not intend to provide any capital in the foreseeable future to his son. Somewhat more complicated as the money came from his father and his mother was not a beneficiary of the will, was that because the parents were divorced and if so did the father make provision that if your husband was dead his offspring were to benefit from any provision or had his parents fallen out and did the father see his wife as financially reckless, any idea?

  • celosia
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04 Nov 12 #364650 by celosia
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they were divorced and no when i discussed it with him (when we were on talking terms) he told me my boy would never get any of it he even said if he ever wanted to go to uni he could just get a student loan :angry: he then went on to offer £20000 out of the house money on the condition i put £5000 of it in cosigned account for my son. despite the fact that all the savings i had made for my son over the years had to go on the deposit for the house i rented straight after i left do you think i can make a claim for that against him? just wish i could find a solicitor that is a real pitbull they don''t seem to wanna help much unless you pay them direct and pay in excess of £400 p/h

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05 Nov 12 #364727 by soulruler
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Yes I do think you can put the fact that you had to use your sons savings for a deposit down. Actually my hideous ex stated that our children had trust funds - how outrageious is that when the truth was small savings accounts which I had set up over the years in their name so they were building society trustee accounts.

You will have the passbooks or bank statements for that savings account.

Also you do not need a pitbull solicitor you just need to tell the truth and take one step at a time and do this yourself with the help of the courts - the courts know what they are doing.

Do you know whether your ex husbands father wrote a will, I am assuming he did as he was divorced but not necessarily as his possessions would go to next of kin without a will in normal circumstance.

Wills are public domain so if he did write a will that will be easy to obtain.

You can also put in evidence what your husband said to you and in any case it is well proven as you had to use sons savings for deposit, you can also put that he was wanting you to put some of the capital out of the house into a joint sons savings and the rest that he has said his son is not going to get any capital - well those are allegations but they are backed up by evidence and actions.

So I would also be asking for disclosure of the finances, the will and the money you believe he has passed on to his mother.

Personally, I would not let that lie, the average solicitor would tut and sigh and tell you it was all very difficult blar blar and then you would be even more out of pocket.

I am a bit synical and fed up this morning but I do urge you to stand by your guns.

I think you should have all the money in left out of the sale of the house, I think you should be able to get your sons capital savings back and I also think possibly your son should have some capital out of the inheritance received from his grandfather especially as your husband has given it to a wife who he divorced and wouuld not have wanted to leave it too and your stbx is not making proper capital provision now or in the future for your son.

  • sim5355
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05 Nov 12 #364729 by sim5355
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hi! i would just like to add that i got a copy of exs fathers will by applying where you get birth and marriage certificates.

  • celosia
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05 Nov 12 #364753 by celosia
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god soulruler your ex sounds as bad as mine whats wrong with some men why don''t they wanna take care of their own children?
but thanks for all the advice and i know how you feel with the cynical and fed up you do get tired of fighting nearly 3 years have passed and i''m still fighting i was so relieved when i left despite all the turmoil but it starts to feel like it will never end but i will stick to my guns and thanks sim will get a copy of the will i''ll keep you posted and let you know how i get on :)

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