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Divorce Settlement - Advice Please

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  • Thready
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    Hi Alan and thanks

    I understand that there isn't a loan but there is an overdraft facility, I don't know how much though.

    My understanding is that the mortgage lending company always have the 1st charge on any mortgage unless in exceptional circumstances.
  • Alan50
    Alan50 Posts: 138 Forumite
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    Hi Thready,

    You must start digging for information, I have an arangement of upto 50K which is not unusual if a property is involved. Yes the mortgage Co has the 1st charge (£36K) then the 2nd charge will be for the overdrafted facility.
    If your ex is moving assets/money then you need to know about it.
    Your £36K mortgage/loan could be £86K...?
    Good luck Alan
  • Thready
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    OK now I'm a bit worried Alan.

    How on earth do I begin digging? Non of his company accounts are [or have ever been] kept at the house, not does any of personal or business mail get delivered here.

    I wouldn't have the first idea how to find out this information other than my solicitor requesting it via his solicitor.

    I was always confident that the overdraft was a facility rather than actively used, however, I suppose the potential is there for him to have artificially utilised the overdraft in order to limit/negate any claim against his company?
  • Alan50
    Alan50 Posts: 138 Forumite
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    Hi Thready,

    It would be difficult to obtain upto date information concerning the overdraft and business activity, but if the company is Limited then you can obtain profit and loss accounts from prevoius years, which may also contain the value of assets and the business.
    Try https://www.192.com of Jordans company search. You can pay on-line £20/30
    If you have the company registration number that would be ideal, but you can obtain this from the search companies.
    Alan
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