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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33521
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I have an iva, just got divorced and have a joint mortgage

Resolved Question:

I have an iva, just got divorced and have a joint mortgage with my ex. He also has a business and a shop he will own outright in 8 years . We built the business together him working in the shop whilst I paid for and looked after the family home. He did not contribute to the family home for 7 years as he said he put all the profit back into the shop.HE wants me to sign a clean break order but there is 20k secured on the house which he used to finance his business but says I have to pay it. I have no knowledge of the shop/business value and have to take his word that me getting the home including the secured loan is fair in comparison with his business. If I don't agree he said I will have to take on half of his debt too, including 20k he borrowed from his mum to set up the shop ( I have no knowledge of this).Should I just sign the clean break and cut my losses???? Will my debts from the IVA ( which are debts we built together) also be included if we go down the 50/50 route

Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How much is the house worth and how much is outstanding on the mortgage?
How long have you lived together and are there any children involved?
Clare
Customer: replied 2 years ago.

Thanks Clare


The house is worth approx. £85 and the mtg and secured loan is about £72k. I have lived there for 15 years he bought it 4 years before I moved in.


We were together for 14 years and we have 2 children aged 13 and 7.


 


The shop we bought ( my name is ***** ***** it\) is worth approx. 85k with 50k o/s although he said he has other debts which I would have to pay half for but he is not paying half of my debts.He said he borrowed 20k from his mum which I never saw or had any dealing with which has to be included in the division of assets


 


Pauline

Expert:  Clare replied 2 years ago.
Hi
What financial disclosure has there actually been?
Clare
Customer: replied 2 years ago.


He knows what is o/s on the house and what its worth and know what I earn etc. I know nothing of the business he has always kept that to himself. He took a loan from the bank to purchase the property which he now lives above ,but I don't know how much the business is worth.


He said I could keep the house/car and contents whilst he did the same at the shop although he had a car and 2 scooters.


We agreed eventually that the 20k which we borrowed for the shop would be split 50/50 and he would pay the £122 a month till 10k was paid.


He put this into a consent order as child maintanace payments as he said he could not include this in the clean break order so I signed it, as soon as I did he said he will not pay the £122 and to take him to CSA where I will get nothing as he will declare no earnings


 


The £122 was never for the children but for the loan. I am now left with 20k that I will never see a penny of and have no benefit to. He has told me to see a solicitor as he has made his offer and that's it.


Pauline

Customer: replied 2 years ago.

He knows what is o/s on the house and what its worth and know what I earn etc. I know nothing of the business he has always kept that to himself. He took a loan from the bank to purchase the property which he now lives above ,but I don't know how much the business is worth.

He said I could keep the house/car and contents whilst he did the same at the shop although he had a car and 2 scooters.

We agreed eventually that the 20k which we borrowed for the shop would be split 50/50 and he would pay the £122 a month till 10k was paid.

He put this into a consent order as child maintanace payments as he said he could not include this in the clean break order so I signed it, as soon as I did he said he will not pay the £122 and to take him to CSA where I will get nothing as he will declare no earnings

 

The £122 was never for the children but for the loan. I am now left with 20k that I will never see a penny of and have no benefit to. He has told me to see a solicitor as he has made his offer and that's it.

Pauline

Expert:  Clare replied 2 years ago.
Hi
has the Consent Order been sealed by the Court?
Clare
Customer: replied 2 years ago.

Yes

Expert:  Clare replied 2 years ago.
Hi
Then what is he asking you to sign now?
Or do you mean that the Child Maintenance figure was included on the Statement of Arrangements for children?
Clare
Customer: replied 2 years ago.

He wants me to sign a financial arrangement order.


The child maintenance figure was on the consent order but he said he is not going to pay me now.


I wanted the £10k to be included in the financial order but he said that he has been told he cannot do this so if I sign I will have to pay the 20k loan in its entirety.

Expert:  Clare replied 2 years ago.
Hi
Could you explain what you mean by the Consent Order - this is usually the same as the Financial Arrangement Order?
Clare
Customer: replied 2 years ago.

The consent order was to say we agreed to get divorced and there was arrangenments for the children ie times when we have them etc. He also put he would pay £122 towards them. This was not really for the children but for the loan but he said this was the only way he could do it to pay his share of the 20k secured loan. Once I signed it he said he would not pay me and to take him to the CSA therefore I am paying the 20k alone

Customer: replied 2 years ago.

The consent order was just really arrangements for the children.


 


We have not agreed anything with regards ***** ***** house and the business/shop. so I have a house that we are both n mortgage wise and a business I was instrumental in but have to walk away with nothing

Expert:  Clare replied 2 years ago.
HI
So it was a Separation Agreement - made before you divorced is that right?
Clare
Customer: replied 2 years ago.

I suppose so, I had to sign it as it was more to do with the children more than anything else.


He put on the order he would pay £122 a month towards the children Now I have signed he said he will not pay as he is self employed and the CSA will say he earns nothing so I get nothing.


 


In all honesty the £122 is for the loan, he gives me nothimg towards the boys, he put it in the order as he was advised to so I would sign then was advised to not pay me. Therefore I am stuck with the 20k loan

Expert:  Clare replied 2 years ago.
Hi
When was the Decree Absolute granted?
Clare
Customer: replied 2 years ago.


01/05/2014

Expert:  Clare replied 2 years ago.
Hi Pauline
Have you go a copy of the previous agreement that you signed?
Clare
Customer: replied 2 years ago.


I have a copy of the consent order?

Expert:  Clare replied 2 years ago.
Hi
That is the one that you signed some time ago?
What does it say at the top?
Clare
Customer: replied 2 years ago.


I signed it back in March to get the divorce finalised. its at home so don't know what it says at the top.


 


I know now my ex had me sign something he could later get out of paying, he said he could not put that he would pay £122 until 10k was paid which I now know is not true!!!!

Customer: replied 2 years ago.

EST



I signed it back in March to get the divorce finalised. its at home so don't know what it says at the top.


 


I know now my ex had me sign something he could later get out of paying, he said he could not put that he would pay £122 until 10k was paid which I now know is not true!!!!


Customer: replied 2 years ago.


I signed it back in March to get the divorce finalised. its at home so don't know what it says at the top.


It has provisions for the boys ie days when he has them and the maintenance part where he says he will pay £122 for the boys

Expert:  Clare replied 2 years ago.
Hi
Would it have been called "Statement of Arrangements for Children"?
Clare
Customer: replied 2 years ago.

yes I signed one of those


Pauline

Expert:  Clare replied 2 years ago.
Hi
And is that the one you are referring to when you say that you signed an agreement about the money?
Clare
Customer: replied 2 years ago.

Yes as he said he could not include it in the clean break order., that's why it Is in the statement for children.


He knows it was for he loan but said this was the only way he could do it,now I have signed he said he will not pay this and to go through the CSA as he knows I will receive nothing.


 


I thought I was being fair by agreeing to pay half but now I am left paying it all if I want to remain in the house


Pauline

Expert:  Clare replied 2 years ago.
Hi
Then do not worry - that has no force at all
In any event you have a financial claim on the shop and the business.
Do NOT sign a Clean break Order - you have a clear financial claim on his assets and you would not have to pay half of his debts.
Arrange to go to Family mediation (www.familymediationhelpline.co.uk) to deal with the finances so that you get full details of his finances before making any agreement whatsoever
You should also make an application to the CMS (new CSA) - he does have an income and maintenance WILL be ordered
Please ask if you need further details
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33521
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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