Divorce and D81 Form

tallgirl_3

Hi Everyone.
My partner and his ex split up 2.5 years ago. Marital home took 2 years to sell, but all completed in January with assets after everything  of 375k. (kids grown up). They also own a house in Scotland her dad lives in worth about 90k. My partner Mark has signed this over to his ex. She has had 205k in cash, Mark 170k. Quite straightforward. His wife then bought house for 220k. Put down 160k, got mortgage for the difference and kept 45k in bank for house improvements. On her D81 form she has only put down her 'asset' in the house of 160k. She has not put down the 45k in savings nor the house in Scotland.  (He has a document form his solicitor quite clearly passing this house as a whole to his wife, plus the agreement of 205k cash).
He pointed all this out to his solicitor. Shame neither solicitor failed to pick any of this up. 
Her Solicitor has come back showing Marks 50% interest in Scotland house (wrong) its zero, and seems to think that her stating 160k as her  'assets' is correct. No mention of 45k sat in bank,. She seems to think that as ex has taken out a mortgage of 45k, she only has to show the value she has put down on the house ! ...
Mark is not going to allow this to go to the court for a judge to sign off as quite clearly it looks like he's received more money than his wife !... 
He has had to go back to his solicitor pointing out that she received 205k cash, and a house in Scotland worth 90k. 
Why would a solicitor not insist that you show the whole amount of funds received, instead of the value of the house minus a mortgage ?!... Mark said if thats the case, hes going to get a massive loan/ mortgage as well so he can then show a lower amount on his D81 just like his wife has done. 
He is sure they will amend the error over the Scotland house , it is quite clearly passed to her, the whole value, but is worrying about the cash issue.
I think his wife's solicitor needs reporting as this is misleading.
Any advice would be appreciated.
Thanks 

TBagpuss

His wife's solicitor will have completed the form in accordance with her instructions. You don't actually know she has£45K in the bank, she could have spent it.

However, your partner's solicitor can amend the D81 (para 9) and/or the draft order to add the background information.

(e.g. to state that a property in Scotland, occupied by W's father and worth £xx was transferred to the wife on [date] and that a lump sum of £xx was paid to W on [date] and the family home worth £xx and subject to a mortgage of £xx was transferred to the husband. That way, the Judge knows what has been done as well as what it is proposed to do.

tallgirl_3

So she can just spend the 45k as she likes, not put it on the d81 because she's spent it, and that's alright?... She received as part of her divorce settlement 205k in cash, that should be on the form, not put what you've got left after you've gone on a spending spree. How ridiculous! 

TBagpuss

No, as I said, if she no longer has it you add the information that she *received* it on a certain date.

But yes, she can spend it. It's her money. If she's spent it foolishly, it's her problem.

Of course, normally, you wouldn't have completed the sale or paid the money until the order was in place, so it would not arise. 

sassyblue

tallgirl_3 said:

So she can just spend the 45k as she likes, not put it on the d81 because she's spent it, and that's alright?... She received as part of her divorce settlement 205k in cash, that should be on the form, not put what you've got left after you've gone on a spending spree. How ridiculous! 

Yes of course it’s okay. If she’s spent it that’s her problem, can you prove she still has it in the bank? 

As I said to you before, you can write to the Court and explain the background of the Scottish property and how the money was divided up at the time. 

The Order is not necessarily going to be rejected on the basis of what you've said anyway, splits don’t have to be 50/50. Surely the Order itself mentions the net sale proceeds and how they were divided?

tallgirl_3

Thanks for reply. Basically the net proceeds from the house were paid out on agreement with both parties and their solicitors etc.. and Scottish House given to ex wife to be. (all documented). My partner then thought divorce was just a formality. Had no idea a D81 had to be filled out. He has no problem with this but cannot understand why his ex is not filling it out properly, not just putting down she got 205k in cash and Scottish House. Cannot understand how ex wife is only putting on form the amount she put down on house,(160k) not mentioning the 45k left over, not mentioning Scottish House and somehow both solicitors thinking this is ok!.. Hes refusing to sign anything until her form is amended and is totally peeded off with his solicitor who is behaving like a 'messenger' between himself and ex rather than doing her job properly. My partners daughter lives with her mum and says the 45k is Sat in bank waiting for the builders to start work in May or June putting bathroom upstairs. This is why she kept it back. We are waiting for yet another response from his solicitor. Thanks for the info. 

74jax

tallgirl_3 said:

Thanks for reply. Basically the net proceeds from the house were paid out on agreement with both parties and their solicitors etc.. and Scottish House given to ex wife to be. (all documented). My partner then thought divorce was just a formality. Had no idea a D81 had to be filled out. He has no problem with this but cannot understand why his ex is not filling it out properly, not just putting down she got 205k in cash and Scottish House. Cannot understand how ex wife is only putting on form the amount she put down on house,(160k) not mentioning the 45k left over, not mentioning Scottish House and somehow both solicitors thinking this is ok!.. Hes refusing to sign anything until her form is amended and is totally peeded off with his solicitor who is behaving like a 'messenger' between himself and ex rather than doing her job properly. My partners daughter lives with her mum and says the 45k is Sat in bank waiting for the builders to start work in May or June putting bathroom upstairs. This is why she kept it back. We are waiting for yet another response from his solicitor. Thanks for the info. 

If both solicitors are in agreement, after your partner has pointed out what he believes to be an error, are you both sure they are not accounting for what you believe is missed off elsewhere. Ie it is the situation now (re the 160k home). 

What is their reasoning that the Scottish House isn't needed to be accounted for, again is this mentioned elsewhere?

Regarding the 45k, she may have spent it, you are going off hearsay - the works might not have started, but she might have paid out. 

sassyblue

The D81 is a reflection of their finances NOW, not then (even if it was only a few weeks ago).  Your partner's solicitor, or his wife's Solicitor, cannot MAKE anyone do what he demands, even if - and I agree with you - his ex is not filling the form out correctly/truthfully.

There isn’t just a D81, there is an accompanying Consent Order, I assume the £45k and Scottish property is mentioned in that?

I would inform both sets of Solicitors that he will be sending a letter to the Court to advise there is £45k she has not put in her D81 form and mentioning the Scottish property. In fact, I may not even inform her Solicitors, just do it.

TBagpuss

It's also worth pointing out that the purpose of the D81 is so the Judge can see that the consent order is reasonable and fair, and so they approve it.

Generally, if both spouses  wife are both happy with it and you've both got solicitors, a Judge is likely to be fine with it. It may be that looked at in the round, whether or not she puts down the £45K is unlikely to make any difference to how the Judge views the order so is of minimal relevance. 

However, if your partner is unhappy, rather than trying to get his ex to change what she put on the form , just as his own solicitor to set out the background in para 9 of the form. 

tallgirl_3

Sorry I never replied. The 45k has now been put on form as still in bank, and a consent form has been completed to go alongside it to explain about Scottish house etc.  Just seems to me very bizarre that regardless of what has been spent, you can't just put down what you received as part of the divorce agreement. if you spend it thats up to you, but a form just stating what was agreed and received would be lot easier, but who am I to know anything lol...Thanks again for your advice. 

sassyblue

Glad to hear the update.  You’re right it would be easier and really that’s what the D81 is but some people are stupid or cunning, probably part of the reason they are being divorced…..