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Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Law
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Experience:  Dual qualified Solicitor and Attorney
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How likely is it that a judge would award my ex husband full

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How likely is it that a judge would award my ex husband full 50% share of the matrimonial home given that he got us into a lot of debt through his conduct which he admitted to in the grounds for divorce. During the 20 year marriage I suffered from bouts of depression mostly due to being in an unhappy marriage and due to him being very irresponsible with our finances. He wanted to live a lavish lifestyle that we couldn't support and I felt he manipulated me into getting his own way. His biggest spends were on cars, and holidays along with clothing himself with branded makes. I have credit card statements with some of his spending on (a car amongst other spends on his business) the big one being that he spent on a credit card for an Amercian holiday which I felt pressured into to despite us not having the funds to pay for it. He threatened to go without me and take my son and leave me behind if I didn't want to come. On many occasions I confided in his Mother and my parents, I even confided in my doctor and I was prescribed anti-depressants, but doctor recommended I did not leave him whilst I was in this state of mind. I gave him a year to work on his conduct, our finances and other area's that our marriage was failing but it ended a year later in Jan 2017. I'm now left with half of the debt £7k (£14k total) an yet he still wants half of the house. There are other factors in this case that I need to make you aware of. They are:There are 2 properties, a former business of my ex's which I helped set up and he's just dissolved it in Aug 2019 I think to avoid me having any claims. The business was a joint venture with his best friend and they always made it clear that they would do anything possible to avoid me having anything from it should we split up. In most of his letters from his solicitors he had suggested that I leave the business alone when offers were being made. On the same date that the business was dissolved his business partner opened up a new business albeit in his sole name but I believe that when the financial aspect of our situation is finalised that my ex will be added back on as a joint director. I have a pension also with circa £20k built up, he doesn't have a pension but it was always our intention during the marriage for the rental to be his pension pot. We have 2 x children and are amicable over them.The main matrimonial, which he doesn't live at, he ceased paying the mortgage in May 2019 due to me helping my new partner out who had lost his job and needed a place to stay and stayed for 5 months and only helped me out with the cost of food. (May 2019 to Nov 19) he's now found suitable accommodation. This house has been valued at £80k with a mortgage outstanding of £55,500. Leaving £24,500 equity.The rental which was the former matrimonial home is in negative equity or could break even at a push and my ex is the landlord. the outstanding mortgage is £114k and is valued on zoopla at around £120K but since Oct 2018- to present day the tennant had defaulted and has recently been evicted leaving the property in a state of repair albeit minor and cosmetic however my ex refused to give me the keys to help clean up to get a decent valuation and has since had it valued in this state deliberately to offset how much he can have out off the main matrimonial home. The valuation was £90k leaving a deficit of £24kBoth myself and ex have paid half each of the rental mortgage, but I've been paying 1 & 1/2 mortgages since he's stopped paying the main matrimonial mortgage in May 2019. I'm part time and he is claiming that he can not afford to move out of his parents but has no bills to pay and has free child care provided by his parents for him to work full time whilst I'm only able to do part time hours due to child care costs yet I'm paying both mortgages and paying bills.The business that he had was set up in 2012 whist we were together. During the years 2012-2017 I supported him financially as I worked but he had in between this time frame given up full time work to focus on his business.I have offered for him to keep the rental and sign it over in his sole name so he can have any future rental income or sell it at a later date without me having any equity, in exchange of me keeping the matrimonial home and it's equity. I must point out the the rental house is in affluent area in a place called St. Athan in the vale of Glamorgan where the property prices are likely to rise more so than the property prices of where the matrimonial home is based which is in a place called Cwm in Bleanau Gwent.I'm unable to raise any funds to buy him out as this would cause me problems taking over the matrimonial mortgage in my sole name. I've already approached my employer who are also my mortgage lender and I'm on the cusp of borrowing in my sole name, any further debt would mean I'm not able to take over the mortgage. He's aware of this but doesn't believe me. I've also approached 2 x other lend
Hi thank you for your message, Upon separation you will need to determine your matrimonial assets and your non-matrimonial assets, as it could make a difference to your Financial Settlement. Matrimonial assets are financial assets that you and/or your spouse acquire during the course of your marriage. This differs to non-matrimonial assets, which are financial assets acquired either before or after your marriage. However, matrimonial assets typically include things such as the family home, pensions and savings. It doesn’t really matter who put the money forward or who accumulated the wealth. When you’re married, the law in England and Wales considers that any assets you acquire also belong to your husband or wife. Non-matrimonial assets typically include things like inheritance, family businesses and property purchased before the marriage or after separation. Matrimonial and non-matrimonial assets matter when it comes to divorce and separation because you and your ex will need to divide your finances between you. The arrangement that you reach must be fair and reasonable to each person. Matrimonial assets will, by their very nature, be shared out between you and your spouse during divorce. Non-matrimonial assets are a little more complicated. Often you can request that they be excluded from the Financial Settlement. But this request might not always be granted.
The starting position of any split of matrimonial assets is 50/50 however, you may be able to persuade the court in this instance that you should get more either because of greater financial need in future or because of your ex’s profligacy in the past. Whilst the starting point is 50/50 it is not uncommon for the court to depart from this and I consider you have a good argument for them to do so in this instance. I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.
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Customer: replied 6 months ago.
it does help thank you. I have appointed a solicitor but it seems to be they like pinging letters back and forth rather than give advice.
I just hope they do a good job and the court takes into account everything I've mentioned. I'm tempted to represent myself to cut the cost but am worried his solicitor will make mince meat out if me.

Hi thank you for your message, I can understand your concerns about your solicitor however, I would advise you that you are likely to be much better served by continuing to have professional representation. I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.