I got married to my partner in Aug 2012, we were together almost 8 years. We have one son aged 4 and his older son now 14, came to live with us after being together about 2 years. I have never adopted him. His Mum died 0n 4th Jan 2014 and he started acting strange, i put it down to bereavement. on 28th Feb 2014 he came home (he worked away during the week) and said he was leaving me and taking the then 13yr old son as he didnt think it was working! I was so shocked I actually thought he was joking. It didnt make sense so on the 3rd March I found lots of emails from another lady and it turns out he was having an affair. Throughout the sepeartaion and divorce proceeding he has threathed to take my 4yr old son from me "because you know I can" and various othe threats - even emailing my Board of Directors at the company I work for. I paid off his credit card in Feb 2014, whilst he was having the affair. So I have asked to pay this back and he refuses. We are now trying to sort out the sale of the house, and originally he has said he wants half the equity, even though I paid the deposit of 35k and he signed a Declaration of Trust, since then he has changed his mind and says that the trust still stands and he will let me have the house and he will not come after me for maintenance for his older child. there is about 6k equity in the house after the 35k and agents fees etc. he will also not pay any of my legal fees. He got 128k from his mothers inheritance and singed an Undertaking for 50k in April. he has insisted that we do full financial disclosure which obvioulsy costs a lot more and he has not submitted all his details - he has had two solicitors and is now representing himself. I have now racked up costs of almost 12k with a solicitor and cant see any fairness in any of this. Can he really walk away with 128k and leave with with debts which were some his (he was out of work I paid for training courses!) and continue to write to my soliciotor to increase my costs. This may not be very clear but I am struggling financially and am concerned I wont have a home for myself and my son.
I just need to understand:
1. Am I liable for Maintenance for the 14 year old as he has asked me for 15% of my salary and said he has submitted a court order
2. Is the Declaration of Trust (35k) valid after we are married
3. Am I entitled to any of his Inheritance
4. Does he have to pay me back the 9k I paid on his credit card?
1. the Declaration of Trust is attached for your reference, it was executed on 5th Oct 2007
2. my annual salary has just been increased to 80k per annum. so after tax £4,446 pm - why is this relevant??
3. his son lived with us actually for 7 years, he stayed with his mother during half terms and half holidays.
4. We both worked full time, but he was out of work on a few occasions where I would have had to support the house.
5. his son was part of the household but if there were any problems then it was dealt with by my ex. We did argue as he did not think I should discipline him without consulting him - his arguement is that he is a child of the family. He has recieved maintenance for him from CSA for many years and has recently had to go through a court case with the childs mother and I was not involved at all or spoken to by Cafcass. if he was a "child of the family" i assume I would have had some conultation in this?
6. The Undertaking was for him not to spend the last 50k of his inheritance that he received in May this year. the total inheritance he received was 128k i have also tried to attach this.
My work committments mean I have to pay an au pair and childminder, the father now lives over 120 miles away.
He has now written to say that I can have the house and that is it - even though I have incurred legal costs of almost 12k because he has been awkward.
Should I just accept this or risk going to court?
Am I liable for maintenance for his other son?