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financial dispute resolution

  • bella654
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23 Oct 20 #514556 by bella654
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Hi my name is carl and I am currently going through a financial resolution matter through the court. We have had the first hearing and at that my ex's solicitor has asked for my ex's parent to become interveners as they are now claiming that they gave us a loan of 100k to buy our property that is owed outright between my ex wife and myself. The loan document that they have produced I have never seen before and was written prior to me and my wife splitting. It only has heard name on it and her parents names on it. With no witnesses payment terms or interest rates. Bearing in mind my ex wife was not working and would never had been in a position to repay this ficticious loan. The court is allowing the parents to become interveners but my ex has to provide evidence from the conveyancing files in regards to this loan. Their is no evidence in the conveyancing files in regards to a loan and the money laundering act forms are missing and not been provided to me. The conveyancing firm is the same firm that is representing my ex. I feel this is a ploy to make it so that their will be no money left over for myself so that I can move on with my life and rehouse myself. Also my ex inlaws wrote me a letter stating that if I relinquish my rights to the property that all loans will become GIFTS to my ex wife. Has anyone run into a issue like this ? I was looking for a solicitor to represent me at the 1A hearing but I am getting quotes of £6,000 which I cannot afford. As my ex wife has ruined my business I used to run out of the premises that is attached to the property where she resides and has currently changed the door locks on my shop . Any advice would be great appreciated

  • hadenoughnow
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24 Oct 20 #514568 by hadenoughnow
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Surely if there was a £100k contribution to the purchase of the property you would have been aware of it and there would be evidence of the amount of deposit put down when the purchase went through?

Are you saying the funds were not provided? Or is your argument that the money was provided but was a gift and not a loan ??

How long is the marriage and how long ago was the property bought? Is it in joint names?

If you are self representing you can use a direct access barrister to represent you in court. We have services for self reppers that you may find helpful if you have paperwork etc to prepare and can link you to other support. Give the helpline a call.

Hadenoughnow

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24 Oct 20 #514571 by bella654
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Thank you for the response. the marriage was 2 years she is 35 years and is a nurse but not working by choice. I am 38 and my ex wife ruined my business that was attached to the property we own through malicious spreading or rumours and false police allegations.
my ex wife was struggling at home with the 2 children 5 years and 1 years so we agreed to buy a property that would have a shop and house attached all in one so I could help her at work if she needed it.
We had equity in our other house and sold it and put that money into this one, the in laws gifted us £100k as they didn't want us to seek a mortgage as they said we have the money you can have it. I remember them signing a gift letter through the convancing process which has yet to be provided to me from the conveyancing firm (which is the same my ex's solictors firm)
There was NEVER any talk of a loan. This has come about 1 year after we seperated and was only provided to my then solicitor a year down the road. which my solicitor said we do not accept that document as it could have been drawn up by yourselves at anytime and I am NOT even named on the ficticious loan. The court has set up a hearing 1A for the ex in laws to be intervenors but they have to produce evidence from the conveyancing file in regards to this loan ?? and there is No LOAN in the conveyancing file nor are they on the deed to the house.
The house is just in mine and my ex wife's name.
Will the court still allow the hearing in February 2021 if they have no proof of the soft loan other than what they made up ?? Has anyone else dealt with soft loans please x

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24 Oct 20 #514573 by bella654
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I should also state the Inlaws sent me a letter stating that if I relinquish my rights to the FMH then all loans will become gifts to my ex wife ?? (but their wasn't any loans ) I feel I am just being bullied and they are trying to waste lots of money on expensive solicitor fees as they know financial I am down at the moment x

  • hadenoughnow
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25 Oct 20 #514577 by hadenoughnow
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I assume you lived together before marriage?
If there are children, ideally you each need a place that is big enough for the children to stay with you.
How much equity is there in the property? What would suitable alternative accommodation cost to buy? Do you have any mortgage capacity?
If the parents are clearly stating that she will have access to the funds as a gift after proceedings, (and that communication should be produced in evidence) then the argument that it is a loan to be repaid is weakened regardless of what paperwork has been provided.

Hadenoughnow

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