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Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I am separating from my husband and the house has got to be

Customer Question

I am separating from my husband and the house has got to be sold to pay off his large outstanding bill to the Inland Revenue. He has a history of getting into debt with credit cards as well and in the past I have paid these for him. When we bought this house I put £80,000 down as the deposit he put nothing in. Am I within my rights to have that back plus my half of the equity? Also if he gets into more debt am I still liable to have to pay anything as we would be separated ?
Submitted: 2 years ago.
Category: Family Law
Expert:  Harris replied 2 years ago.
Hi, thank you for your question. Just a bit more information required to fully assist you:- How long have you been married?- Do you have any children together, if so their ages and arrangements- What other assets and liabilities do you both have?- What are your respective income positions?
Customer: replied 2 years ago.
We have been married for 16 years have no children no other assets my income is £21,000 per year he is self employed and earns about £40,000 after expenses
Expert:  Harris replied 2 years ago.
Thank you for confirming. Given the long marriage, a court will likely agree that a 50-50 split is appropriate, despite you putting down the large deposit on the home. This is due to the length of the marriage. The court will depart from this equal split mainly on the basis of your needs and his needs. So if your needs are greater, then a court will agree that you should receive a greater share of the assets. In relation to debts, a court will usually only agree that these should be shared between spouses if there is evidence that they were incurred for household or matrimonial expenses, otherwise there is strong argument that each party should meet their own liabilities. You are obviously in a risky position regarding his tax bill - if the property were to be sold, how much of the equity will need to be used to settle the bill? As stated above, his tax bill is his responsibility unless there is evidence that they are for matrimonial purposes. If you found this information helpful please provide a positive rating. I will not be credited for answering your question without a positive rating. Thank you
Expert:  Harris replied 2 years ago.
Hi, this question remains open. If you found my information provided helpful please could you rate my response positively as I will not be credited for my response without a positive rating.