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Newly seperated advice

3 replies

Nonono11 · 09/08/2021 10:00

Name changed for this.
Looking for some advice on separation. Me and my oh have decided to separate. No other person involved we’ve just drifted apart. We have 3 kids under 8.
We have house which I am named on the deeds but the mortgage is on my husbands name, circa £125k equity in the home at the moment.
I also have a property which is empty, no equity in it though.
Oh self employed
I am an employee of my oh company and get £1000 each month.
Also claim child benefit.
I am in a fairly rubbish financial position. I’m on a Debt Payment Plan paying £200 a month, which should last another 24 months. I’d never be able to get a mortgage for at least a few years due to this. I can’t afford a solicitor
I’m worried about what will happen with regards house and the kids. I couldn’t afford the mortgage solely myself on the house. Basically I’m in a bit of a mess and don’t know what to do firstly.

OP posts:
IS0D0RA · 11/08/2021 20:13

He will have to pay child support ( assuming that the kids stay with you more than 50%). But it’s very easy for self employed fathers to cheat the system and make their income look lower than it really is so they pay less.

Is it a limited company and are you a shareholder and / or director ?

You need to look for as much much paper work as you can. Things like his company accounts and his tax returns, his pension etc . You are entitled to a share of all the matrimonial assets, not just the house.

Don’t agree to ANYTHING he suggests or sign anything without getting legal advice. Don’t quit your job with his company.

Tell me more about the property that is empty please.

IS0D0RA · 11/08/2021 20:15

How did you run up the debts? I mean are they joint debts, for his house / business / kids but in your name ?

I’m not judging, just trying to help.

KatySun · 11/08/2021 21:56

Basically, the split of assets in Scotland is 50:50, and assets are what has accrued during the marriage. Debts from the marriage are also shared.
So your solicitor’s would ask you to list all your assets /debts from the start of the marriage to the end and negotiate a settlement, not just the matrimonial home.
So it is relevant whether you own your own house from before the marriage (if so, that stays yours, it is not matrimonial property), pension valuation, when the debt dates from and so on.

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