I contacted the court and the judge confirmed that the order had expired. It was badly drafted and not clear. It didn't make much sense to me to make an order for sale that it is time limited.
I have not filed any tax returns for the rentals. No excuse. I am in the process of talking to an accountant about this but this won't be completed before I have to file a defense. I don't think I owe any tax if they take the Spanish rental property into account but will have to pay fines for late filing I think the solicitor has set out in brief the three main areas of the claim, literally three or four sentences but she has written the summary of the claim which attempts to paint me in a very negative light. Child maintenance was not agreed in writing just a vague understanding.
The properties were purchased in 2006/7 and we haven't filed any tax returns. My ex is claiming that I owe her rent from the properties from the point that I left in April 2008. I need to speak to the accountant but I am not sure if I can just file the returns from 2008 and deal with the rest later. I have all the bank details from 2008 so it would be relatively easy to prepare accounts from this point. The other option I was thinking of is to request an adjournment at the first hearing in order to allow me to finish preparing accounts as its going to be difficult to settle the issue of whether I owe my ex money from the rent or child maintenance, as this is linked, without definitive figures. If I requested an adjournment is this likely to be granted given that you are given 28 days to file a defense with supporting documents? Also do you have a view on the joint loan issue.
I already supplied my ex's solicitors with bank statements from April 2010 [I think I said before that we separated in 2008 it was 2010] and a separate sheet with a summary of all the income and expenditure, rental payments, mortgages payments etc, relating to the houses. They have insisted on seeing tax accounts. I am also wondering whether the court will query why I don't have tax accounts as they are presumably more of a definitive record of profit or loss.
Yes that's correct.
Thanks for your response. I am clear about what you say in 1.
With regard to the maintenance I have accepted that there was a tacit agreement that I would cover the costs of the properties in lieu of child maintenance. Doesn't that form a contract and if so wouldn't I need to account for the sums I would have paid her in child maintenance in my calculations?
With regard to the joint loan the route your suggesting, if i undertsand it correctly, is that she would need to makes a different application to get the court to consider our respective financial interests in the property. Doesn't this just potentially put off the argument for another day? Isn't there merit in a more direct approach to say that she was aware of what the loan was for and is jointly and severally liable? She has stated that I mislead her by stating that it was for home improvements. I query how she could have been mislead because either she saw home improvements or not. If there were no home improvements I would have expected her to challenge the loan.She did not query the loan in the last set of proceedings and has received statements from 2008. She is also not finacially naive as she rents a home in London. My debts were incurred because of the home improvements. I have some evidence from planning that structural work was undertaken on the property and I hope to get some further evidence from bank statements. I also have documentation that shows that she is not being entirely honest in her statement about other issues which brings into question her reliability.