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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34233
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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Me and my wife separated 3 years ago she moved out with

Customer Question

Hello
Me and my wife separated 3 years ago she moved out with our 2 children and I stayed at the family home with my son from first marriage, we agreed on what monies she would have, know she wants a divorce on 2 years separated and wants half of the house valued now and she has ran up 10,000 on credit cards and says I'm liable we have our mediation next week and wondered if this is correct
Regards
Paul
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Are the credit cards in your name?
Customer: replied 2 years ago.
No hers
Expert:  Clare replied 2 years ago.
HiThank you for thatHow much is the house worth and how much is outstanding on the mortgage?How old are the children and what income do you each have?
Customer: replied 2 years ago.
House is worth £148,000
Mortgage balance now £106,000, £114,000 when she left.
I've had to have the bathroom replaced and I did put £10,000 more into property I no that probably doesn't mean anything,
My son is 14 and I have custody but my children are 5 & 6 which I have with her.
My income is around 19,000 not sure about hers she has just started forever living?.
We did originally agree on 12,500 for her 3 years ago she also has a flat with no equity in it so she was keeping that and renting it,at the time of her leaving I asked if we could change the mortgage over to better deal or interest only to save money and so I'm not paying mortgage off incase she changes mind but she said no because she was claiming housing benefit and it would affect it so I'm about bitter about her getting half now
Anymore please ask
Expert:  Clare replied 2 years ago.
How much is her flat worth - and how long until it is out of negative equity?Just to check - have you been paying Child Maintenance
Customer: replied 2 years ago.
I've never had anything to do with flat so don't no much about it find out in mediation but if she is happy to disclose it I'm sure it won't be worth alot.
The the first year I didn't pay maintenence because she said my half of the flat money covered it but when we put my figures and how much I have the children in the csa calculator it said £30 per week and I started paying that and she said the flat was hers and kept the rent because the house was mine
Expert:  Clare replied 2 years ago.
Sorry - was there an income from the flat - how much is it?
Customer: replied 2 years ago.
I'm really sorry I don't no, I may find out in next mediation sorry
Expert:  Clare replied 2 years ago.
Best guess will do!
Customer: replied 2 years ago.
Around £150-200
Expert:  Clare replied 2 years ago.
Again just to check - that is on top of the mortgage payments which were covered?
Customer: replied 2 years ago.
She payed interest only on mortgage and what was spare off rent was income
Expert:  Clare replied 2 years ago.
Just to check - when do you plan to issue divorce proceedings
Customer: replied 2 years ago.
She has done I had the decree nisi on the 17th of june
Expert:  Clare replied 2 years ago.
Just to check - what did she run up the debts on
Customer: replied 2 years ago.
She is saying cost of living,but she keeps having these work ideas and pumping money into them which is OK if you can afford them my argument is she could of got a job that pays from the start until she is financially better off,5 years ago I sold a small business and cleared our debts in 12 months she had put £4000 on credit card I asked her to stop spending and she said once harry was in school she would clear it and all would be good, she left me just as harry started school.
Expert:  Clare replied 2 years ago.
Who had to pay the £4000 - you?
Customer: replied 2 years ago.
I paid half towards it when she left
Expert:  Clare replied 2 years ago.
What has happened to the £12,500 you gave her (I can guess but please confirm)
Customer: replied 2 years ago.
She not had that that's what we agreed when she left but she said no rush because she knew I would struggle to get mortgage plus she was claiming housing benefit and it may affect this, at the time I asked if I could go on interest only to help me out and so I wasn't paying mortgage off but she refused to sign mortgage deal due to this benefit, nut know she started working I guess benefit has stopped and she wants more out house annoyingly
Expert:  Clare replied 2 years ago.
I seeDo you have that amount in savings?
Customer: replied 2 years ago.
I have no savings
Expert:  Clare replied 2 years ago.
Ouch.I assume that you have no written Separation Agreement
Customer: replied 2 years ago.
We did something in writing in front of friends saying I'd paid half towards credit card but nothing legal,I take it by all this I'm still liable even tho separated
Expert:  Clare replied 2 years ago.
Good and bad news.The house remains a joint assets and your ex will be entitled to 50% of the equity as it is now - but then you will alsohave a claim on her property.So far as her debts are concerned they will certainly be part of the negotiations since it is about the needs of each party andaccordingly the debt is a factor - but no you are not legally liable for themI hope that this is of assistance - please ask if you need further detailsClare