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A question for all the lawyers please?

(11 Posts)
Xenia Wed 27-Feb-13 13:36:07

It doesn't matter if you put money into it or not on divorce even if one person is worth £100m and the other not a bean both their assets are added together and divided. If the £100m man or woman or modest equity in a house man/woman puts that assets into the name of someone else to ensure a wife entitled to 50% on divorce does not get it that does not sound that lawful so best to take legal advice.

The problem is that assets are divided at date of court financial settlement, not date of separation and it all goes in the pot - assets in husband's name and assets in wife's names which is why it's best not to get involved with anyone until they not only have decree absolute but sealed court approved financial consent order I suppose. Anyway it probably will not be a problem.

iwantanafternoonnap Tue 26-Feb-13 21:24:58

I am not sure how it would be defrauding his wife as she never put any money into it, no money from their marriage went into it, she has never lived in it and it was bought when he was with me after we had had a child together. It was all my deposit, all my funds that renovated it and so I really can't see how it is defrauding his wife!

He wants his name off so he can buy a property with the woman he left me for. I want him off because he does not live in it any more and has not paid any money towards the mortgage since he left in 2010. He has just been difficult about waiting until I could take it off and now after saying he will pay to have his name removed he won't give me the money directly.

Seems I will just have to wait until it gets to that point in my getting mortgage in my own name.

Tubegirl Tue 26-Feb-13 10:42:47

Just ask your solicitor to write to him telling him what the costs will be and asking for his agreement to them. He can then pay the money to the solicitor and they can hold the funds until completion of the matter. If they undertake to do this it's binding on them so he can be wuite sure the funds pay the solicitor. Btw he sounds a bit of a prat.

Xenia Mon 25-Feb-13 21:36:14

I wonder if taking him off the deeds could be some kind of conspiracy to defraud his ex wife?

iwantanafternoonnap Mon 25-Feb-13 17:24:25

No he is in the Army so not trying to fiddle a business account. He is refusing to give me the money directly so wants the bill sent to him.

He was in process of divorcing his wife when I met or thats what he told me he is such a liar that I doubt I will ever get the truth. It has been the longest running divorce going!

I was not married to him thank god!

betterthanever Fri 22-Feb-13 17:38:02

I am sure your sol. (or you?) can send him a copy of your bill and then he can just pay it into their account/send cheque to them? There is no problem with that is there?

Xenia Fri 22-Feb-13 10:22:48

Is he objecting to paying the solicitor direct even if the bill is addressed to you and marked payable by and then his name? Does he want the bill addressed to him so he can fiddle it to put through his business account which not be right?

In English divorce law it does not matter if the house is in his name or yours if he owns 18% and you can prove it is only 18% then his wife is entitled to half or more of that 18%. How did you and he reach agreement over 18%?

Were you married to your ex or was he just married to his first wife before you?

iwantanafternoonnap Fri 22-Feb-13 08:33:16

That's what I thought and what I told him. It has to be me instructing the solicitor as it is his name coming off the deeds so he can't instruct his own solicitor to do it apparently.

I met him when he was separated from his first wife and divorce was supposedly going through (never know what to believe now as so many lies have been/continue to be told!) my nan died and we bought her house. I paid all the deposit (£38,000) and he has only paid 1 3/4 years of mortgage. Anyway his divorce has still not been settled and he walked out on me for OW over a year ago and so this has been going on for some time. He is now stating that unless I get the deeds changed right now his ex is claiming for half of his share. Luckily I had a deeds of trust drawn up and so on paper he only owns 18% but hasn't actually paid any of the mortgage for over a year now.

I do recall a solicitor saying to me that as no money from the marriage went into the house and he was paying her CSA at the time we bought it, that she will not be entitled to any of the property. Any help on this one?

I wish I had never met the man as my life since has been a constant stream of shit! I am still getting grief even though he no longer sees our DS which is Ex's choice. When will it end!

Rangirl Thu 21-Feb-13 10:56:49

I am in Scotland and the position may be different in England but in these circs I would issue a bill to You payable by him Although you would remain liable if he did not pay

Lonecatwithkitten Thu 21-Feb-13 09:33:44

If you are arranging this the solicitors contract is with you so they will send a bill to you. If he instructs the solicitor the bill will go to him.

iwantanafternoonnap Thu 21-Feb-13 08:57:57

I am now in a position to ahve ex name removed from deeds an he has said he will pay for it and I ahve that written in an email. However, he says that I am to get my solicitor to send him the bill as he is refusing to put money into my bank account.

Would any solicitor do this? I am thinking they wouldn't.

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