Divorce/Seperation Advice W/O Children

FifiC_2

I am looking for advice on divorce & rights without children. I have checked previous threads but am unable to find anything particularly specific to my circumstances. I am about to separate from my partner of 8 years and husband of almost 1 year. Without airing too much of my dirty washing, there has been a downward spiral of lies and let-downs.

My husband and I had agreed an amicable split and I was to buy him out of our home of 5 years (We have both contributed approx. the same into the house and have been on similar wages). However, it has since come to light that he has been hiding in excess of £15k/£20k debt. Now the reality of the situation is kicking in, he is now saying he will not allow me to buy him out and will force a sale.

Can anyone advise if he can force a sale, (I am positive he could not afford to buy me out)? Will his debts become mine and my savings his in a divorce? Will the fact that he has run up debts and not been paying into the joint account for bills/mortgage for the last 6 months work in my favour?

Any advice at all appreciated.

Thanks

Fi

Rikki

I think the best thing you can do is get proper legal advice. See a solicitor before you decide what to offer and agree to. You need to know where you stand legally. Once you know whats what you can negotiate.

Murtle

Sounds like he is going to be trouble so I'd get a solicitor or CAB involved now so that everything is documented.

If the house goes on the market to sell you can buy it, I'm not sure I see the difference. I'm sure the estate agents etc would love it cause they'd get paid for doing very little, I guess it's just if someone else offers, but then you'd both have to agree to sell to that person and you can always say no.

With the rulings recently I guess anything is possible so I would get proper advice and guidance.

I wish you all the best at this difficult time though, there is light at the end of the tunnel and it's a great feeling

x x

Fran

You could try asking on the Mortgages Board or the House Buying Board.

Ondivorce.co.uk has some useful information and a discussion forum and other useful links.

houseofcharacter

Hi Fi (!!)
I would agree with the above posts. I got divorced two years ago, married 17 odd years (very odd) without children. My ex was in the Army and we also started out with the intention of doing a DIY divorce with legal advice over the finances but due to his total stupidity, I filed for divorce after getting some excellent advice from the CAB. They can only give you recommended solicitors names but the one I used was excellent. Make sure that it is someone with decent experience in family and divorce work.
I thought that I might lose my home but my solicitor was able to sort out a package which meant that if the pensions were left alone, his Army one and my health service one and with various reapportioning of savings, I was able to become the home owner.
If the debts that your husband are in his name only then he is liable for them not you but if they are in joint names, then you will also be liable for payment of them. Any savings will be treated in the same way although some of my savings had to be transferred to my ex in settlement of the house. He cannot force you to sell as far as I am aware but in all of these cases, do get some good advice. You can usually get a free half hour's legal advice with any solicitor's firm which advertises clinics and this was something I did as well in the very early stages.
It is not cheap to divorce but it is the best thing I ever did. I now have my own home, am in complete charge of my finances and am very happy!! All the best, it is a horrible time but it will get better.

Love Houseofcharacter