Divorce/House Question

[Ladyanonymous]

Sorry if this has already been done but am in the prcess of changing Solcitors as I feel I am being badly represented in my divorce.

Split 3 1/2 years ago I stayed in the house which we have ajoint mortgage on in both our names. We didn't sort anything out formally, he paid me £370 a mnth for the kids and I paid the mortgage of £780.

Now getting divorced, he is self employed and reckons he earns £875 a month .

Mortage has gone down so he has reduced his money to £300.

I haven't got my Form E in yet so he is threatening to make me go through the CSA for our two children, saying all he will have to pay is £125 a month unless I get the form in asap (I am trying but I have a job, kids and loads of stuff going on right now and haven't had a chance to do it until today.

Apart from feeling like reporting him to the Inland Revenue for Tax Evasion I am wondering am I being really badly advised? Should he be contributing to our mortgage as well as paying me maintenance (if he makes me go through the CSA?) seeing as he will profit from the house one way or another when we either sell or the kids reach 18?????

Any advice gratefully recieved I feel like I am banging my head against a wall with my Solicitor.

Hi there

There is no reason why spousal maintenance cannot be considered if the amount of CSA will not be enough to meet your needs. A share in the matrimonial home can also be offset in lieu. It really does depend on the figures, needs and obligations. Give me a ring if you want a chat about it or want a second opinion. I have also set myself up to receive messages on this site.

I wouldn't advise doing anything rash without advice.

Each case depends on the particular circumstances. When the property is in joint names both spouses are liable and the lender would pursue any arrears from both of you. However, there is an argument that when one party enjoys the sole use of a property they should pay their share plus the other spouses share in lieu of rent for occupying the other half of the property. After all the party who left the former matrimonial home has living expenses to meet.

On the other hand there is a duty for spouses to maintain each other and when there is a big discrepancy in incomes and one party is struggling financially a court can order maintenance whilst the finances are being resolved. The disadvantage is the legal costs involved can amount to £3k so unless a substantial amount of maintenance is likely it may not be worth pursing.

CM is treated separately and there are many legitimate ways of minimising income to avoid tax. Tax avoidance isn't illegal, tax evasion is. The problem with involving HMRC is that if there has been evasion the tax and any penalties will be a liability to deduct from the matrimonial 'pot.'