Can anybody help answer if this fictional story is a case of miss representation or untruthful disclosure in form E
in order for H to show reduced capital assetts represented in form E?
2005 - H & W have £100,000 in savings
2010 - H gives £90,000 to parents of H as a \"loan\"
2010 - 2015 parents of H give monthly amounts to H as \"gifts\" to support H's low income.
2016 - H & W separate
2017 - H & W are agreed £90,000 remains owed.
2018 - H discloses in Form E, no monies are owed from parents of H, as amounts given monthly (2010 - 2017) as \"gifts\" (to support low income) are now turned into \"repayments\" against loan
2018 has H & H parents duped W, so as to reduce capital assetts disclosed to W in form E?
No loan agreement, as verbal between H and parents (on trust)
If there is no loan agreement and no schedule of repayments it will be very hard to prove that it was a loan and not a gift.
Usually on here people ask about gifts that they received from their parents which suddenly become \"loans\" with demands for repayment as soon as divorce is on the horizon. Courts are never interested as they have heard it numerous times.
Since this \"loan\" is from 2010 it is unlikely to be seen as deprivation of capital in the same way as it would be if it were made after the relationship broke down.