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Entitlement following seperation

Hi all

I'd like to start by saying I have told my friend to get to a solicitor sharpish but she cant see one until late next week so I'm seeking info to help reassure her or to show her what will happen...

A very close friend of mine is about to separate from her husband following him being unfaithful on a number of occasions. (This is not me, I am neither party- I am very single at the moment)... Anyway they have two children together (she will take custody of the children) but she is moving out as she doesn't want to be anywhere near the marital home.

The mortgage is in his name, she isn't on it however she pays towards bills for the home. He has various loans in his name (car finance, loan for home improvement, CC) & she has a HP agreement for her car & a CC.

Her mortgage advisor asked whether her husband would be giving her a share of the house so she can set up her own home & when she asked him he said he didn't have to as she wasn't on the deeds/mortgage & that if he gives her some equity from the house she would be liable for his debts.

She is now scared that she is upping sticks & will be entitled to nothing. Can anyone advise as to whether she

a) has a claim on equity in the house
b) will she be liable for debts in his name?

Thanks in advance...
Dwy galon, un dyhead,
Dwy dafod ond un iaith,
Dwy raff yn cydio’n ddolen,
Dau enaid ond un taith.
«13

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  • elsien
    elsien Posts: 32,518
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    edited 29 September 2016 at 8:12AM
    How long have they been married?
    It's not just about the equity in the house when it comes to marital assets, it's both parties savings/investments, pension pots etc that can be thrown into the mix. His being the sole name on the deeds is not relevant. The starting point is 50/50 (depending on length of marriage) but then other factors can affect this, such as who the children live with.
    She won't become liable for his debts, but I'm not sure if/how either of their debts would be taken into account when deciding an equitable split.
    Have they considered mediation? It's not just the finances, it's making an arrangement for the children to spend time with him as well.
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
  • Oakdene
    Oakdene Posts: 2,560
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    elsien wrote: »
    How long have they been married?
    It's not just about the house when it comes to marital assets, it's both parties savings/investments, pension pots etc that can be thrown into the mix. His being the sole name on the deeds is not relevant.
    She won't become liable for his debts, but I'm not sure if/how either of their debts would be taken into account when deciding an equitable split.
    Have they considered mediation? It's not just the finances, it's making an arrangement for the children to spend time with him as well.

    They have been married for quite a few years, definitely over 5. He is in a much higher earning role which has company shares & very good pension.

    She has tried to work through this before but from what she has told me his continued behavior means she has no option but to leave for her own happiness & sanity.

    He is, despite his shortcomings as a husband, a good after so I don't think they will have much problems in terms of seeing the children.
    Dwy galon, un dyhead,
    Dwy dafod ond un iaith,
    Dwy raff yn cydio’n ddolen,
    Dau enaid ond un taith.
  • elsien
    elsien Posts: 32,518
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    He's already telling her porkies. With the best will in the world, if things get less amicable children can get caught in the middle - it's not just about him, it's about if things get fraught him knowing that his access isn't affected, and both being clear on where they stand.

    If they're not able to agree and it goes to court (which is best avoided if at all possible) they will have to try mediation first which necessitates full financial disclosure. Is he likely to try to hide money away somewhere? If so she might want to think about checking on this now.
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
  • Oakdene
    Oakdene Posts: 2,560
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    elsien wrote: »

    If they're not able to agree and it goes to court (which is best avoided if at all possible) they will have to try mediation first which necessitates full financial disclosure. Is he likely to try to hide money away somewhere? If so she might want to think about checking on this now.

    Thanks, I will let her to know to try & get copies of any financial documents he has around the home...

    Shes just scared she is going to leave him & have nothing to start her life with in terms of money & setting up a home for her & her children
    Dwy galon, un dyhead,
    Dwy dafod ond un iaith,
    Dwy raff yn cydio’n ddolen,
    Dau enaid ond un taith.
  • elsien
    elsien Posts: 32,518
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    Eta - all the above is presuming she's looking to get divorced?
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
  • Oakdene
    Oakdene Posts: 2,560
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    Yes she will be looking to get divorced
    Dwy galon, un dyhead,
    Dwy dafod ond un iaith,
    Dwy raff yn cydio’n ddolen,
    Dau enaid ond un taith.
  • elsien
    elsien Posts: 32,518
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    Reassure her that unless he's on the verge of bankruptcy or very good at hiding assets she's not going to end up with nothing.
    And he will need to pay maintenance for the children. Does she work?
    However depending on the agreements reached and the state of his finances (eg will he want to keep the house and buy her out, will it need to be sold, how much equity is in it) it might not be a quick process. So she might need an interim plan.
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
  • Oakdene
    Oakdene Posts: 2,560
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    elsien wrote: »
    Reassure her that unless he's on the verge of bankruptcy or very good at hiding assets she's not going to end up with nothing.
    And he will need to pay maintenance for the children. Does she work?
    However depending on the agreements reached and the state of his finances (eg will he want to keep the house and buy her out, will it need to be sold, how much equity is in it) it might not be a quick process. So she might need an interim plan.

    I think the plan is for her to move back in with her folks for a month or two until things settle & she can think a bit clearer. She does indeed work & having spoken with her this morning she is going to try & get copies of any financial documents he has in & around the house.

    She wanted him to buy her out but he said that if that happens she will be responsible for his existing debts, however I can only see her being liable for half of the home improvement loan?
    Dwy galon, un dyhead,
    Dwy dafod ond un iaith,
    Dwy raff yn cydio’n ddolen,
    Dau enaid ond un taith.
  • I think all money and all debt is considered Marital assets on divorce.


    The starting point would therefore be a 50/50 spilt of the "net assets"


    Net Assets = House Value + Cash + Investments (etc) - Mortgage - Other debts
  • elsien
    elsien Posts: 32,518
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    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
This discussion has been closed.
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