Equity split with ex-husband HELP!

@flt28 do you have legal assistance on any insurance policy re calling for help? Do you have a law clinic near you? Often associated with universities, Bris Uni has one and offers supported help with legal issues for example. I know this one is unlikely to work for you but this is the type of thing I mean https://www.bristol.ac.uk/law/law-clinic/

Good luck, your ex is a piece of work and I am so sorry.

A friend moved out and paid mortgage. Went to court ... non paying husband got half of assets not required to pay back mortgage even though he lived there.

Is the company registered on Companies House? You can look it up easily enough & if it is there will be finances you can see.

Have a look at the numbers & estimate how much the CMS payments would be. List all the payments he has made & add anything missing to your claim on the equity. In fact if he’s ‘given’ the company to his mum, make a claim for half of what is worth as it was a marital asset.

I’m pretty sure he won’t give it to you but it might stop him going to court over the equity.

THIS!!

I’ve just been in a similar position, but after my initial free consultation with a Solicitor I’ve realised it’s gonna be more valuable to have him because he new load of things that I didn’t even realise were relevant to me and urged me to do financial discovery to see if there were any pensions or pots of money hidden anywhere that he’s trying to get away with not declaring.
Glad I did

Do not agree to anything he suggests. It’s ridiculous what he’s suggesting. I know seeing a solicitor isn’t always cheap but even if you had a one off consultation with one it could potentially save you a lot of money. Call his bluff and just refuse. What a piece of work! 😡

I’d never agree to help my son do this to his family ( my family) He Is awful, as I’m sure you agree. You need to speak to a lawyer, you have rights as his wife. 🍀

But its his fault there are arrears as he wouldn't accept a lower offer - he is trying to drop the debt on her for his choices. That is not how it should.

She shouldn't have to pay rent as his kids lived there and he needs to provide for them.

I would be surprised if he got any of it if it went through a solicitor.

@flt28 How is the home owned, jointly? Are you already divorced?

I think he would be exceptionally lucky with 50/50, he needs to keep a roof over his kids head and it was only on the market for so long as he wouldn't accept a reduced offer, thereby running up the debt.

Handing his company or proceeds off to his mum is also a dodgy deal!

Are you sure you can't get legal aid? I would be surprised if you wouldn't on £15,000 and their is a also a vulnerability element to their qualifying criteria and it sounds to me like he has been financially abusing you and his kids.

Look for a solicitor that offers legal aid and run it past them before you do anything else. Failing that, go to Citizens Advice

I think I would reply and say that it is not a deal you’re willing to accept. I would reply with an offer that is more mindful to you and your children without being ridiculously over the top. I don’t think he’s being fair. And I think you’re right, you will probably find that he has money squirrel away somewhere. If he was self-employed, he may not have his own private pension, but who knows? I don’t think he’s going to be honest with you either way.
best of luck to you and your family.

Who put down deposit is irrelevant even if you did before marriage with a prenuptial. Talking from experience. Legally he's entitled to 50% as a starting point and then you have to prove that your needs are higher than his in order to get more equity. Sucks doesn't it

If dv then you can get an exception to not have to do mediation

if the company is as i suggest there won’t be assets to transfer back . If it’s not then perhaps.

form e requires him to declare all his assets - note people can and do lie on there often with little to no recourse - but it is the document which can used to raise further questions and scrutiny about finances

Op, of the 12k arrears, have you taken into account all interest and additional costs from your lender and got a final figure of what’s owed?

There is not much equity left ...is around 30k
arrears at 12k

So 18k.
Are you goingvto rent and claim uc? You dont want >16k in your account
Better get ongoing maintenance paid monthly

Is he paying child maintenance? Keep in mind his solicitor is working in his clients best interest not yours and this will be reflected in any proposal. In deciding a fair split of any assets including pension (and any transferred assets for the purpose of ensuring a fair split which might then be transferred back) a court would as a priority take into account the needs of any children/dependants of the marriage. I’ve self repped in court and with support and reading guidelines and the process this can be done.
I really would advise, ensuring you have all the financial and other facts written down to at having an appointment with a divorce solicitor.

Editing to add form E includes submitting bank statements where you could request to take back more than one year. It’s very thorough in having to include expenses and income

You can respond stating you don’t accept the offer. You make put forward an alternative proposal for consideration

in the event you can’t reach agreement you’d have to

attend mediation
issue form A
request form E financial disclosures

still cant reach agreement ? Then there’s be first hearing followed by fdr followed by final hearing - with various forms submitted along the way.

the biggest challenge here is whether you believe there is hidden money and pensions

oh and assuming you’re England /wales. If not then the above won’t be correct

I think the business is a red herring tbh. If he’s essentially a contractor working for a corporate company on a temp basis and invoicing the company, that’s not a business that’s a salary. It’s very common in corporate world and there are rules around whether it is inside or outside IR35.
it was purely an invoicing mechanism for salary, which you state he’s now not working….

im surprised there is no pension however, you’d have to force form e to try to get that ….

On the basis that he’s correct and there isn’t one, I’d say

house value
less debt
less mortgage

final equity = you keep 100%

your isn income us low, presume pt?
are you claiming uc? You’ll likely need to private rent

put a claim in with cms - if he’s not working you won’t get anything but if that changes your case is open

Has he being paying rent to live elsewhere? Judge in my case dismissed occupational rent as while ex did rent for part of time his rent was paid by UC or family not by him so he wasn’t personally out of pocket (I paid 100% mortgage when he moved out). Did he pay CM? My ex didn’t and this didn’t help him at court.

I don’t necessarily disagree with what people are saying but it totally depends on what type of business it is , ie just him set up as a ltd company or an actual business with tangible assets and inventory etc. if he was literally the company just contracting to companies etc then there is no worth to it . Will depend on ownership structure, share holdings and what type of company

Bullshit
Get Full financial disclosure.
Go after him for everything.

No judge would sign this nonsense off.

OP he’s at it. I’m really sorry for what you’ve gone through. Expect no one will ever know how hard it’s been. Feel really sad when hear of good people being treated so poorly.

He’s retired now, but still answers from time to time, even if not, his forum’s archive really interesting: google - David Terry Divorce Forum

If in UK.

You need to track down his pension
And other assets