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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 35933
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I need assistance I am at the very beginning of a divorce

Customer Question

I need assistance I am at the very beginning of a divorce although separated for nearly 3 years my ex has given me a list of information he wishes to know as I purchased our home and it is my sole name, he is asking for details of my salary, mortgage end date, when I am planning to sell as I wont sell until my daughter is at least 18 and he would like £30,000 plus interest and not to pay a penny towards the £30K debs we acrrued whilst married, again in my name as I was the main bread winner, should I provide this information to his solicitor or engage my own as I dont really have a lot of spare money at the end of the month - thank you JA: Where are you? It matters because laws vary by location. Customer: I am sorry, of course my name is Deborah ******** and I live in Northfleet in Kent JA: What steps have you taken so far? Customer: I initially spoke with a solicitor nearly 3 years ago when we first separated but since that nothing from either side until this week JA: Anything else you want the Lawyer to know before I connect you? Customer: I suppose that I work full time and have the mortgage and all debts in my name, my ex is a director of a non profit organisation and a local council and is therefore a very low income and has been for the past 12 years or so and I want to know what he would be entitled if anything as he is able to work and earn but chooses not too - thank you.

Submitted: 6 days ago.
Category: Law
Expert:  Clare replied 6 days ago.

My name is ***** ***** I shall do my best to help you. I am reviewing your question now, and will respond further within a few minutes

Expert:  Clare replied 6 days ago.

Do you mean his solicitor has asked for financial disclosure?

Have they talked about a Form E?

Customer: replied 6 days ago.
I believe he spoke to a solicitor on a free half hour and they advised him to get information from me such asTo get a new estate valuation of worth of property
What is outstanding on the mortgage
Date mortgage ends
Details of my income
Date, month year I am willing to sell the house
Original marriage certificate
Copy evidence of property insurance
Property needs to be kept in good state of repair
I havent received any official papers etc. I am wondering why he needs to know my income? and what bearing this has on things. No I haven no idea what a Form E is.
Customer: replied 6 days ago.
As I am not willing to sell the house (which is in my name as I purchased it) until the mortgage ends in approximately 8 years as I do not want to upheave my daughter (we have agreed a 50/50 division of time with her), I don’t believe as I have paid the mortgage to date as can be borne out by the payments and any tax reports on my husband showing he doesn’t earn sufficient to have paid any, he is entitled to what he is asking. Which is to have a payment of £30,000 plus interest on the remaining years of the mortgage, he also isn’t willing to pay anything towards the accrued debts which are £30,000. Again as I was the sole bread winner (more or less) everything was in my name including all credit cards etc. I am at a loss to believe why he should be free and clear of these debts which I have to pay off each month and have zero credit history so no hope of ever re-mortgaging.
Customer: replied 6 days ago.
Hello - is there anyone still there?
Expert:  Clare replied 6 days ago.

How long did you live together for ?

How much is the house worth and how much is outstanding on the mortgage?

Customer: replied 6 days ago.
We were together nearly 20 years, the mortgage is for about £119,000 I did get a quick valuation when he left a few years ago and they valued at £230 and the full mortgage is payable as I was the only one paying I could only afford interest only, it was meant to go to a repayment once my ex started earning but this never happened and didnt contribute so all the mortgage needs to be repaid
Customer: replied 5 days ago.
Hello - will I get a further response to my query from yesterday?
Expert:  Clare replied 5 days ago.

My apologies for the delay

I am also sorry as I have bad news for you

The fact that the house is in your sole name does not mean that your husband has no claim on it - and the starting point is 50/50.

Having said that he wont get 50% - partly because you purchased the property and partly because you have the care of your child.

he is under a duty to help you house your child, which means that it is unlikley that he will be able to force a sale of the property befor eyoru daughter is 18.

In order to resolve the finances following a divorce the first step has to be full disclosure of all assets - if an application is made to the ocurt then that disclosure is made by way of a Form E

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/866784/form-e-eng.pdf

As you can see full disclosure does indeed involve income as well as assets and pensions - and the exchange of information has to be mutual

I hope that this is of assistance - please ask if you need further details