How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33942
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
13262538
Type Your Family Law Question Here...
Clare is online now

Hi, we have spoken before about the sale of my property. Me

Customer Question

Hi, we have spoken before about the sale of my property. Me and my wife separated just over a year ago, i moved out she still lives in our house with our 3 children 7 and 9 and my step daughter of 18.
Value of property is £280,000 mortgage is £182,000
How do we split the equity with the debts ?
Debts of about £30,000 / £15,000 in joint names and £15,000 in just my name!!
She says the joints debts are paid off only and the remainder split 70/30 to her.
This leaves me £15,000 debt in just my name.
Surely ALL debts should be paid off and the remainder split however.
All the debts in just my name were used on house hold bills etc not for me.
Please can you help ? As we have had an offer on the house, should we not sell until this agreed.
Thanks Russell
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
I thought she had a new partner?
Clare
Customer: replied 2 years ago.
Well, I don't think I'll ever know for sure. She says she is single.
Customer: replied 2 years ago.

Hi, not too sure my last msg was sent due to i phone, she says she is single.

Expert:  Clare replied 2 years ago.
Hi
If all your debt relates to matrimonial spending then those debts should be paid off from the equity before it is divided
Unless you have good pension rights that she has agreed not to make a claim against then 60/40 would be a more realistic division
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.

Thanks, ***** ***** be the most likely out come if we go to mediation? Because she just wont agree to this.

Expert:  Clare replied 2 years ago.
Hi
Mediation is about what you agree - so it depends how flexible she will be when she realises it is not going all her way!
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33942
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Clare and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.

HI,

Iv'e received a 2nd letter from her solicitor saying she wants 75% and i pay off all debts in my name. If i do not agree she will take me to court, which will cost me about £10,000, which i don't have.

Please help i don't know what to do.

Russell

Expert:  Clare replied 2 years ago.
Hi
Write back and say that you believe 60/40 is more appropriate if you pay the debts, and that it will not cost you more than the court fee as you will deal with the matter in person
Clare
Customer: replied 2 years ago.

Ok, Thank you.

I have offered that before but without the mention of saving money on court fees.

She is a hard woman that is out for the lot!

What if she's says no?

Expert:  Clare replied 2 years ago.
Hi
How far has the divorce reached?
Clare
Customer: replied 2 years ago.

Nothing yet but, she has started it with her solicitor. They have put it as unreasonable behaviour which is not true but because the separation is under 2 years that's what it has to be. Is it okay for me to go along with that?

Expert:  Clare replied 2 years ago.
Hi
Provided they do not claim costs from you yes
Once the divorce is underway then you can apply for the Financial issues to be dealt with
Clare
Customer: replied 2 years ago.

Thank you for now.

Expert:  Clare replied 2 years ago.
Hi
You are welcome -
Clare
Customer: replied 2 years ago.

Hi, sorry, just reading back did you mean split 60/40 and I pay the debts in my name?

Also while i'm here, this evening when i took the kids back I went to get a tool of mine from the cupboard and she stopped me. I took one more step the she shoved me. Also she has a female there that has been living there for about three months. Should i be doing anything about this ?

Expert:  Clare replied 2 years ago.
Hi
Sorry - I meant 60/40 after the payment of all debts
There is no action that you should take about the other matters - except start negotiating what items you will each have?
Clare
Customer: replied 2 years ago.

Oh, okay, Thank you.

Expert:  Clare replied 2 years ago.
Hi
You are welcome
Clare
Customer: replied 2 years ago.

Hi, we have come to an agreement but i'm now wondering if i have given too much, nothing has been written up or signed yet.

We agreed, all mortgage, solicitors, estate agents, and joint debts we bill paid off first.

Then the equity split 70/30 to her, I keep the £5,000 i was given to move out BUT I still keep the £16,000 debt that is in my sole name, although as i have said before these debts were spent on us as a family.

So after everything is paid off, i get about £26,000 minus £16,000 debt = £13,000

She will get about £45,000 minus the £5,000 she will need to pay back to her farther that she gave to me = about £40,000

Her £40,000

myself £13,000

Please can you help, do you think this is a fair outcome with children involved ?

Thanks.

Expert:  Clare replied 2 years ago.
Hi
How did you reach this agreement?
Clare
Customer: replied 2 years ago.

Between ourselves

Expert:  Clare replied 2 years ago.
Hi
Then you know that that is not what I thought appropriate UNLESS the debts in your name were not for family spending
Clare
Customer: replied 2 years ago.

Yes i know, i'm just getting stressed with it all and was trying to put an end to it. Her solicitor is asking for proof of the spending, I can prove some but not all of it as my accounts have gone astray "I guess she has them"

Expert:  Clare replied 2 years ago.
Hi
Then hold out for 60/40 and you keep your debt
Clare
Customer: replied 2 years ago.

Okay, Thank you. I will throw that back at them and hold out for an offer at least close to that.

Expert:  Clare replied 2 years ago.
Hi
Good luck
Clare
Customer: replied 2 years ago.

Hi, I did what you said, she now says she will take me to court. I don't have enough money for court. Do i have to go? and will it still cost me money if i don't go?

Expert:  Clare replied 2 years ago.
Hi
Tell her she is welcome to do so
The only thing it will cost you is time and form filling!
You do have to deal with the process - but she will be paying a lawyer and you will not so you will come off better
Clare
Customer: replied 2 years ago.

Thank you.

Expert:  Clare replied 2 years ago.
Hi
You are welcome
Clare
Customer: replied 2 years ago.

Hi again,

The house is now sold subject to contract. We still have no agreement on the equity split.

The interest only on the mortgage runs out in January. She still wants a 70/30 split and i keep the £5,000 i had when i moved out from her dad but, i still have to keep the debts that are in my sole name, remember i said they are family debts.

She says she will not take me to court now.This is her final offer, If i do not agree she will take the house off the market. Which means when the interest only runs out neither of us can afford the full repayments. So i can only assume the house will later be repossessed!

Russell.

Expert:  Clare replied 2 years ago.
Hi
Then you will have to take the matter to court yourself
Clare

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Kasare

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
< Previous | Next >
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    164
    UK solicitor
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Solicitor

    Satisfied Customers:

    7
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    340
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/GL/Glossolicitor/2013-5-14_214834_TWMParkinsonWright.64x64.jpg Glos solicitor's Avatar

    Glos solicitor

    Family Solicitor

    Satisfied Customers:

    2
    10 years experience in all areas of family law, now specialising in cases involving social services and children
  • http://ww2.justanswer.com/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Family Solicitor

    Satisfied Customers:

    4742
    I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
  • http://ww2.justanswer.com/uploads/HH/hhlaw/2015-12-8_22495_unnamedlanczosbicubic.64x64.jpg Harris's Avatar

    Harris

    Family Law Expert

    Satisfied Customers:

    1351
    Family Law - Specialist in Divorce, Financial Relief and Children Matters