Financial Clean Break

WickedWitch123

paigesaunt said:

From what I gather from reading up on inherited assets the common belief is that the moral principle is the former spouse shouldn't be entitled to any of it. 
What about if the inheriting spouse used marital assets to fund his lifestyle and prop up a business so that he could sit at home all day, having made promises it would all be paid off when he gets his inheritance.

Of course he didnt pay anything off, he just just waltzed off into the sunset with a new lady and left me with a huge interest only mortgage with additional charging orders in his name and only a few years left before the capital becomes due.
For my own self respect I would prefer not to ask anything of him but I'm not in a position to do that 
What are thoughts on that sinario
First hearing in a few weeks time 

You need to present it all in court and see what the judge decides.  Keep emotion out of it, just present your argument clearly stating the facts.  Wikivorce supported me through the whole thing you should contact them.

tightauldgit

paigesaunt said:

From what I gather from reading up on inherited assets the common belief is that the moral principle is the former spouse shouldn't be entitled to any of it. 
What about if the inheriting spouse used marital assets to fund his lifestyle and prop up a business so that he could sit at home all day, having made promises it would all be paid off when he gets his inheritance.

Of course he didnt pay anything off, he just just waltzed off into the sunset with a new lady and left me with a huge interest only mortgage with additional charging orders in his name and only a few years left before the capital becomes due.
For my own self respect I would prefer not to ask anything of him but I'm not in a position to do that 
What are thoughts on that sinario
First hearing in a few weeks time 

To be honest 'moral principles' don't really come into it at all what matters is the legal principle. 

He can't just waltz off and leave you with joint debts though he certainly can't walk away from things in his name. Obviously you need a solicitor to help you with the ins and outs of it all but I think if you can show that you have a legitimate need and he is sitting on a big pile of cash then a court might well decide that he can use those funds to help you out. 

I doubt they would go so far as to say that you can go back in time and make him pay for all the things he deferred but i think a good solicitor could well make a case you are entitled to 'something' especially if you are going to have to sell the house to pay the mortgage.  

paigesaunt

Thank you all
I can't afford a solicitor sadly but in my head its crystal clear so hope I can state my case simply. I need some or all of the capital paid off so I can keep the FMH and take in lodgers as a pension when I retire as I don't have one. Mortgage term ends in 4 years when I will be 64, hopefully I can continue working until I'm 70.
I only hope the judge sees it as logically as I do. 
I will keep you posted as I've noticed there are very few cases documented publically on lower value inherited assets cases, but oodles on big money