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Hello, my name is Marcus.
Can you explain more about the court claim that has been made against you.
Where in the process are you in terms of resolving financial matters?
You mentioned you sold the FMH. When was that?, What were the proceeds of sale and how were they divided or are they being held on account?
Was the taxable income generated during the marriage?
How much is being held on account.
In terms of the tax liability regardless of who technically owes it it could be considered a marital debt if the income was enjoyed by the family.
Would you say your husband personally benefitted from the income as oppose it being used for the family as a whole.
That is helpful.
So, as I inferred eaarlier regardless of who name the tax liability is it will be considered a marital asset and paid from the proceeds of sale being the sale proceeds being held.
You could however seek a greater division of the balance based on needs and also an element of bad conduct of your husband on how he dealt with the tax affairs.
From here your needs - as you have a child - come first.
So how much do you need to buy a house and what is your mortgage capacity. The difference being your need for a deposit.
My approach would be that any tax liability for the period of the marriage should be discharged from the net proceeds being held.
You should then receive between 60-70% or more if you can demonstrate you need it to buy a house - that may not be possible.
What are your respective incomes - what is the nature of your husbands self employment - just seeing if his business has a value.
I light of your incomes you should certainly receive the lions share of the equity.
I am disappointed that your solicitor is not prepared to defer their fees - you do seem to be paying a lot. I quite often defer fees in these circumstances.
You husband is unlikely to recover fees as the general rule is that you pay your own costs. He has to look closer at his own conduct.
Finally - at those fees - your solicitor should be competent enough for there to be no need to instruct a barrister.
Legal aid is only available if there has been domestic violence.
As for the tax issue - is it accepted that the tax is owed?
It maybe a red herring as whatever is owed is likely to be a marital debt regardless of whose name it is in.
So unless the amount is in dispute then it should not be an issue.
You are most welcome Sandra