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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Debts deducted from assets

4 replies

sab2018 · 28/08/2018 22:01

Hi, I am trying to find out if it is fair to deducted debts we both have from the equity of the house to get the asset figure before the financial split. Our debts have been split equally between us since the separation over 2 years ago and we are each paying them off at our own pace. To include all the debts seems unfair as it will increase the equity in the house that the party buying out receives but then on the other hand if it is not deducted at all then the party buying out will have larger debts as the buy out figure will be larger?

What would you considered fair? or the court consider fair

OP posts:
greenberet · 30/08/2018 09:07

Whether it's fair in my experience seems irrelevant - my x ran up debts of £100k plus purely to reduce equity available which was then split between us - yes impacted severely on my ability to rehouse myself - also be very careful that house is not ordered for sale - how far down the line are you and are you using solicitors

KanielOutis · 30/08/2018 14:39

Debt reduces assets however accrued and however they are paid off. In my divorce the pot to split was assets, minus liabilities and we went from there.

sab2018 · 01/09/2018 15:47

We spilt the debts evenly on seperation we are now part way through divorce. I do have a solicitor, they do not atm. There is only 1 additional debt relating to tax credits. If the house is to be sold there will not be enough money to rehouse myself and the kids or them for that matter so I hope it doesn't come to that. Is it something that we can say we don't want deducted off the assets? Or does it have to be included according to the law

OP posts:
Ss770640 · 03/11/2018 20:27

Document everything from day of marriage to day of seperation.

And you can argue that anything after seperation is not marital.

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