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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

How to deal with loan giving to STBX's Dad

5 replies

Catsruledogsdroolokay · 08/06/2024 16:58

Hi

We have our first finance mediation meeting next week
Have a question about a loan 'we' gave to STBX's Dad
Loans have been over the last 5 years and add up to £10K
Husband has just taken another £5K from our joint account for his Dad
He asked me if it was okay - I said I felt uncomfortable but he did it anyway
So that's a total of 15K - his Dad has his own legal issues going on and the money has been to pay for solicitors/barristers fees
I asked him to pay the solicitors bill direct from the joint account but he didn't. He said it would be easier for him to just move it to his account and pay the solicitor from there as that's what he had done previously so it 'just made sense' to keep doing it.

How is that handled during financial disclosure?
All the money was taken from our joint account, moved to my husbands current account and as far as I'm aware none has been paid back
I'm assuming the loan is split between us - so his Dad owes us both each 7.5K

Am I ever going to see this money again?
How can I stop him giving any more money to his Dad?
I'm trying to be reasonable (his Dad does need the money) but it's making me feel very uncomfortable

Help!

OP posts:
Mrsttcno1 · 08/06/2024 20:31

Hi OP, this money ultimately is not “yours” or “his” it comes from the marital asset pot currently, so it just means when it is divided there is less to divide.

CandidHedgehog · 08/06/2024 20:52

Mrsttcno1 · 08/06/2024 20:31

Hi OP, this money ultimately is not “yours” or “his” it comes from the marital asset pot currently, so it just means when it is divided there is less to divide.

Except if it is seen by the court as being deliberate deprivation of assets (more likely with the last £5,000) the court will take it all out of the husband’s share.

Otherwise, everyone thinking of getting a divorce would lend / give money to their own family members and screw over their soon to be ex.

turkeymuffin · 08/06/2024 21:34

Mrsttcno1 · 08/06/2024 20:31

Hi OP, this money ultimately is not “yours” or “his” it comes from the marital asset pot currently, so it just means when it is divided there is less to divide.

Except if the ex is giving the pot to family members that's not ok.

I would state in mediation that there is no chance of your ex in laws repaying the money to YOU, and so it should be considered as being from you exs share

Looneytune253 · 08/06/2024 21:46

Not a lawyer.

Surely these 'loans' have the intention of being paid back by the dad to the exh. This 15k should be taken out of his final settlement as he should be responsible for getting his dad to pay him back

Mumof3confused · 09/06/2024 08:14

I would discuss this together with the mediator, and try to divide any existing savings between your accounts 50:50 for now.

Are there loan agreements for the £15k? Is your father in law likely to get a payout with which he can repay the loan?

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