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familylawexpert, Family Solicitor
Category: Family Law
Satisfied Customers: 311
Experience:  Substantial experience (14yrs +) in divorce, financial cases, cohabitation, pre-nuptial agreements and civil partnerships.
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i seperated from my husband in july as he started to see another

Customer Question

i seperated from my husband in july as he started to see another woman. I left my house as i couldnt afford to live there i took my name off joint bank accounts which i never used and also took my name off all utility bills which i paid my fair share up to date to the end of July.My ex carried on living in the property until last week and has now got himself rented accommadation with his new partner. while he lived at the family home he didnt pay any of the utility bills so they are still outstanding. He has now started asking me for my share of the mortgage which i know i need to pay but how do i trust giving him my share and he also said about council tax which he was claiming a single persons allowance and my name isnt on it as i took it off back in July. Financially i cant really afford to pay anything as i am currently living at friends and family houses moving around as present circumstances which my ex has left me in i cant afford to get anywhere of my own. We also have the property on the market.
Submitted: 4 years ago.
Category: Family Law
Expert:  familylawexpert replied 4 years ago.

My name is Mac. I can help you with your question. First I need a bit more information. I'm sorry about the number of questions - but I need to give you a full answer.

1. when did you marry?
2. if earlier than the above, when did you start living together?
3. are there any children? (If so, how old?)
4. are the household bills in your name?
5. is the property in joint names?
6. what is the value of the house (and any mortgage)?
7. what is the total value of the other assets you and he hold (a total value rather than individual values is fine)?
8. what is his income (after tax)?
9. what is your income (after tax)?
10. do either of you have any pensions?


Customer: replied 4 years ago.
Married 1984 2 children 28 and 25 not living at home. My name was removed fro all utility bills back in July. The property is in joint names valued at £190,000 and £111,000 is owing on the mortgage. The house is on the market as he has debt totalling £60,000 from when he was a sole trader. Don't know his income as he has a Ltd company business. My income after tax varies but around £800 amonth . He had a pension not sure if he still pays into it.
Customer: replied 4 years ago.

I married in 1984 have 2 children aged 28 and 25 neither living at home. The household bills except the mortgage are not in my name as removed it when i left the home. The property is in joint names. The value of the house is £190,000 and the mortgage remaining is £111,000. Not sure on assets as he is in debt for £60,000 from when he was a sole trader thats whyn we have to sell the house. I dont know his income as he has a buisness which is a limited company. My income after tax varies but around the £800 amonth mark.He had a pension but i dont know if he still pays into it.

Expert:  familylawexpert replied 4 years ago.

Do you have an agreement as to how you are going to share the net proceeds of sale?

Customer: replied 4 years ago.

The mortgage will be paid off and what is left will be split between us his half will go towards his debts and my half is for my future. The only other problem is wants me to sign something to say i wont chase after his business and he wont dump his debts on to me

Expert:  familylawexpert replied 4 years ago.

You could try to agree with him that you won't have to pay your share of the mortgage now, but that he will be repaid the cost of paying that extra half, before the net proceeds are then divided equally between you. That would not be an unusual agreement.

If you are happy that you know enough about his assets to know what you are giving up by waving any interest in his company, then it would be okay to sign an agreement like that. The basic starting point in a marriage like yours will be an equal division of the total net assets (including pensions). If his business is not worth more than his debts, then your agreement is a fair one. If his businss is worth significantly more than that, then it may not be so fair (but you are still free to reach any agreement you want, of course).

Expert:  familylawexpert replied 4 years ago.

I noticed that you have not rated my answer, and wondered whether there was some aspect of your question on which you would like further help, or if you were happy with it? If you would like further help on it, please let me know.

Kind regards,