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Legal matters

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Separation from partner, money and business

5 replies

Libby2267 · 12/01/2015 10:56

Hi, really hoping somebody is able to help.
Basic story is with soon to be ex partner for 14 years (not married) i had house and 2 children before and worked, he moved into my house and put up money for large extension ( put his name on mortgage), we had 2 children together, now 11 and 12.
We started a business together of which i am a director (not a shareholder)
He is in I.T and has contracted himself out to the same company for 6 years.
I am employed by the company for £12,000 per year although i do nothing. i have been guilty, stupidly of not knowing anything about the business as he wanted to do it himself.
He earns an amazing salary £530 per day, and works everyday.
He has put everything in his name as he is the main bread winner, i have worked up until last year.
I know have to sell the house, as he wants his 50%, he has a lot of savings that he is not prepared to tell me about
I know that he has £60,600 in dividends but dont really know what this means.
According to his solicitor he is prepared to pay me £1050 per month, he has told me this is the going rate.
Am i being diddled ? I feel like he is taking me for a mug
I cannot afford a solicitor, paid for an hour, as he has only ever given me just about enough to live on, so have no savings
Please help !
Thanks

OP posts:
FarOutAllNamesUsex · 12/01/2015 13:40

As you are not married your situation is legally complex and you must seek specialist advice. Simplistically you will only be entitled to what you actually own which sounds like 50% of the house . You are not entitled to maintenance for yourself although you will be entitled to maintenance for your children. This should be paid to you from ex 's income after tax. If he is using the company to pay you maintenance you will need to be careful that this isn't going to be dividend income that you will need to pay tax on personally. It sounds as though he is the sole owner of the business and as such it will very difficult to show you have any legal entitlement to a share of its value.

You really should get get some local specialist advice ASAP. Good luck.

prh47bridge · 12/01/2015 14:25

To correct a couple of points in the last post...

It is not clear that he owns 50% of the house. He may do but it is possible that you can argue for a larger share. If the children live with you TOLATA and Children Act Schedule 1 may come into play which could allow you to stay in the house until your children are 18.

You don't need to worry about whether the money he is paying you comes from his salary or his dividend income. He is liable for any tax. He cannot transfer the tax liability to you. You don't want the company to pay you directly as that may be taxable. But as long as he personally pays the maintenance you don't need to worry about tax.

I think this is a situation where you cannot afford not to see a solicitor.

FlowerFairy2014 · 12/01/2015 15:28

This is like an exam question in how as a woman to ensure you have the fewest rights possible! Why do you not even have shares in the company? Why don't you work and he does even though you're not married?

If every Mumsnet poster could read this thread before they move someone in they really could learn what not to do.

Basically as you know each of you keeps your own savings and he keeps his company. You might have some kind of unfair dismissal claim if he terminates your employment. You need to check what percentage of the house you each own. The children will have rights to maintenance - if the live with him - they are about an age to choose by the way - then you will move out and pay him maintenance for the children. If they choose you then he may well have to pay 20% of his net income for the children.

minibmw2010 · 13/01/2015 16:51

FlowerFairy, I think the OP knows she's been left in a difficult position, she's asking for advice, not to be kicked down even further.

Libby2267 · 15/01/2015 12:47

Thank you x
As i said in my original post flowerfairy, i know i have been stupid, i was merely just concentrating on bringing up our children and running a very busy household ! Hindsight is an incredible thing !! As I'm sure a lot of us have found out !

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