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 JGM Your Own Question
JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11742
Experience:  30 years as a practising solicitor.
31090051
Type Your Scots Law Question Here...
JGM is online now

My soon to be ex-husband has just announced that he has not

Customer Question

My soon to be ex-husband has just announced that he has not paid any tax for 4 years and has a £600k tax bill
We are selling the house, which has around £300k equity in it.
We have agreed to split this in 2, but can I be held liable for his tax debt and forced to forfeit my share of the proceeds of the house sale?
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
I am a lawyer in Scotland and will help you with this.
Your husband's tax bill is not something that HMRC can pursue you for. You are entitled to a half share of the house, assuming it is in joint names.
Happy to discuss further.
I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 2 years ago.

Does that apply to all assets (eg shares in his name only)? Am I entitled to half of them too, before HMRC can lay any claims, given that our agreement is to split assets 50:50?

Expert:  JGM replied 2 years ago.
There are two issues here: one is HMRC's claim against him for monies that he owes personally. The other is your interest in matrimonial property following a separation.
The two don't sit well together. If HMRC make him bankrupt your matrimonial claim isn't worth the paper it's written on. You don't have an automatic entitlement to matrimonial property in his name over and above his creditors.
For that reason the agreement between you should be implemented as quickly as possible. Once the split of assets has been done and transferred you are in a safer position. However, I do have to tell you that under bankruptcy legislation a trustee is bankruptcy does have the power to apply to the court for repayment of any capital sum or reversal of any pension sharing arrangement and the court has the power to do so depending on the amounts involved, the circumstances of the recipient and the overall circumstances of the case.
So you don't have a prior claim on his assets as against HMRC, to go back to your question.
JGM and 3 other Scots Law Specialists are ready to help you
Customer: replied 2 years ago.

Really clear and useful - exactly the information I was looking for. It's really reassuring to have that clarification

Thankyou

Expert:  JGM replied 2 years ago.
Thank you, ***** ***** very welcome.