Stumped

Thumper7

Hiya


I've not posted on this board before, this post could probably cover a whole load of board but I think this is my best bet as it is primarily debt that is my problem.


I don't want this to turn into a whole saga so will just give the basics and if you have any questions, I'm happy to answer them, if I know the answer that is. quick pr!cis


1. Married in 2006 (gave up my well paid job to follow husband and rented out my flat)
2. Living in Wales when husband told me he was leaving me.
3. Shipped me back up to Scotland.


Anyway, during the marriage we accumulated huge debt but this was to be paid from his lump sum when he retired from the Army. Separation took place 22 days before he retired (funny that) and I've been landed with the debts.


I have been lucky enough to secure a full time job, but unfortunately my outgoings exceed my income. I do have equity in my flat.


Aaagh !!!!!! its turned into a saga after all and I've forgotten my questions.


Oh the debt is over £17,000 now (he has paid off the debt in his name).


Mind you this has been quite cathartic just writing it down


D






I have circa

Murphy2011

Major first question, why should joint debts accumulated during marriage be just your problem when you separate? And if you are married surely his lump sum counts as marital assets and will be split equally between you?

Thumper7

Thank you Murphy for replying.


These debts are in my name, although I have proven them to be maritial debts. As he left me 22 days before his retirement and he was not officially retired, I have no claim on the lump sum.




D

double_mummy

Thumper7 wrote: »

Thank you Murphy for replying.


These debts are in my name, although I have proven them to be maritial debts. As he left me 22 days before his retirement and he was not officially retired, I have no claim on the lump sum.




D

have you checked this with a solicitor or is this just what you have been told?

Thumper7

Hi Double Mummy


I've been told by my solicitor that this is the case.


D

double_mummy

so did he receive the lump sum after the financial order and divorce or before? i personally would be getting a second opinion on that

the funds could be marital assets as the marital assets should be considered as of the time of the negotiations for the financial order - i doubt you managed to get to that stage within 22 days

Thumper7

Hi Double,


We are not divorced, not even legally separated, although he did get himself engaged at Christmas.


We are in Scotland so I suppose that makes a difference.


I have no claim on anything after the relevant date, which is the date of separation (we stopped living as man and wife)


D

double_mummy

sorry didnt realise you are in scotland

have you talked to someone like stepchange? post an SOA and we will try to help

(have you seen if you can divorce under english law as the marital home was outside of scotland?)

Missko

Hello Thumper,


Can't comment on the precise legalities but just to reassure you that you're not alone - I followed my fianc! down to England and rented out my flat in Scotland...we split and now I'm dealing with debt etc, having to work FT but only enough to rent a room here!

sourcrates

Thumper7 wrote: »

Oh the debt is over £17,000 now (he has paid off the debt in his name).

Hi,


What sort of debts are they, loan, credit cards ?


Roughly when were the accounts opened ?


Have you been making regular payments to them ?

Brightspark87

I totally know how you feel. My x did the same to me! Left me with tons of debt all in my name.

Now, I know it sucks but this does have to be repaid. I feel that karma has a big part to play in this, and that if I pay these debts off I am the better person.

Stay strong, well done on the LBM and keep in touch x