Hi all, I have come on here out of sheer desperation and worry. My divorce came through about 4 months ago and the property side was all completed on friday last week. I now own the property with my three children releasing my x husband from the mortgage and ­title­. We have a consent order which we both agreed on.

Problem:- We did not complete (or dont recall) doing a full and frank financial disclosure.Or should i say he did not disclose a loan from his family that i had no idea about. I signed something to say i would not sue my solicitors if all went wrong.Nothing was bought up in the divorce proceedings.

When we were still married we got into financial difficulties as my husband at the time went on long term sick. Court was involved and both got ccj. My ex husbands mum and brother helped us out. I was not aware that this was a loan and no idea how much as it was done between them. Nothing was signed .Now its all coming out that apparantly it was a loan and a verbal agreement was made but i was not involved. I have no idea the amount, time ­frame­, interest? etc. Now the family are wanting the money back but nothing was said by my ex husband during divorce proceedings. My ex husband has no assets and i have the house with three kids and just about mangage. He only gives me 100quid for three kids a month.

Can they get their money back when i was not party to the said agreement. I have heard lots of stories saying various things and its making me seriously ill. I should be happy the divorce and house thing are all completed but now worrying bout this. Its not fair at all because i would never have had agreed a loan from family. My mortgage is already double as when i married the oaf i put his personal debt of £30 k onto the house when i re mortgaged hence why he never had any equity.

No letters from solicitors yet but i am worrying in case they come for me as i have an asset and my exhusband does not .


Any advise please as i really am worrying myself sick.

thanks

All I will say is that the worry is often worse than the event itself. I know. I know its hard to sit back and do nothing. Very hard. The worry coms from not knowing what COULD happen and not what will happen. I can only say its like worrying whether you will be hit by a bus tomorrow. You could or you couldn't !!! Its when something concrete happens that you should worry. By the way its a great ploy by the other side to get you on tenderhooks. You then worry without foundation. Maybe others will add their pennyworth and throw some of the legal points into the pot. Take care Polar

Thank you. I have been trying to put just the bare facts down on paper. This is what i have written.

* There was never any verbal or written agreement made between me and my ex husbands family therefore i owe nothing.

* I am not a part of my ex husbands family anymore therefore i am not liable or have anything to do with any money that was given to my ex husband whether it be a gift / loan.

* All ties have been severed when the divorce was made absolute and the consent order was agreed and drawn up. All of the things to be done on the consent order have been put into place.

* On what grounds can they sue me? There was no agreement and if there were this was between my ex husband and his family. I was never made a part of this agreement and have no ideas what terms and conditions.

* This money was never disclosed during our divorce proceedings and it was never agreed at any point when or how it was to be paid back. Only now 2 years later are the family asking for the money back.


I have found this to be helpful a bit as b4 i had bits of info worrys written all over the place.

Hi Debbie
Perhaps it might be a good idea to call the number at the top of the page and get some advice. If you give them a call you can book 30minutes free advice. It might put your mind at rest and at least you would know where you stood in all of this.
zara

Debbie. Now you are thinking !!! Keep thinking. I have for quite a few months now and in my case the jigsaw slowly comes into place. If you keep a file of all your thoughts then it becomes more rational and if the worse comes to the worse you will be armed with facts as opposed to suppositions. If it doesn't come to the worse then you will wonder what you worried about !!! So just as you have done...write every tiny fact down. However small. It will all make more sense. PS dont reply to any demands. Let them worry not you !!!Take care Polar

I think your last comment is the pertinent one

During my divorce my X demanded the return of a "loan" made by his parents that until the divorce was never mentioned and no repayments were made.
Suddenly after we split they wanted their money back. I was made to pay half and then they let him off the other half!!

I am sure if you look at your consent order it will say that neither of you can claim against each other in the future with regard to capital claims.

I suppose that his parents could, in theory, sue you personally for half of the loan but I think they would find it very hard seeing as you have the proof that the arrangement was not made with you.

Do not worry yourself. Your ex is using this to keep you rattled and because he is bitter and does not want you to move on.

A quick word with your solicitor or the CAB should give you the answers or keep posting and one of the legal peeps will pick it up.

It's now time to move on and create your own future with the kids.

Take care and keep smiling, the worst is definately over!

xx

Quick question do you have a clean break consent order?