Legal Question in Family Law in United Kingdom
I am recently divorced and have since found out that the financial information my ex husband issued at the time we were agreeing settlement was no where near factual. I bought my ex husband out of the marital property on the understanding our pensions were of a similar standing since then i have found out that he has a pension which is frozen that he isn't paying into at the moment but has a value of over �100,000, needless to say this has grieved me slightly as i took on unnecessary debt to buy him out of the property. He had also been syphoning money from our accts into one i knew nothing of. I am not a greedy person and am not looking to go for half his pension but i would like to know if what he did is illegal and if i am entitled to claim back the monies plus the interest i have paid on the borrowing back approx �20,000. Do you think i have a case or do i just have to say goodbye to the money?
1 Answer from Attorneys
21.04.2012
Dear Madam,
Apparently, what your divorced husband has done is to use you as a medium to bail him out from his marital property liability, which has since been transferred onto your head since you have taken a debt to buy him out of the property. If you both had a joint Bank A/c with either or permission to operate the A/c, it is difficult for you to prove that he has been syphoning monies - but for doing what ? What is the doubt in your mind, may I ask you ? It depends on his spending avenues and addictions, if any.
Although divorced, your ex-husband still remains legally liable to pay you the monies you borrowed to buy him out of the property along with interest on the principal sum. Your claim is valid.
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Regards,