Start of separation, partner has been sectioned

*pinkie*

My partner told me nearly 4 weeks ago he was going to leave me. After me immediately trying to clutch on to him (as I didn’t know what else to do), I called time on it last week as I’m done (all sorts of history as to why I can’t continue).
He took it very badly that I called time on it, saying he was going to end his life etc. He’s just told me he’s going to be sectioned.
as much as I sympathise with what he’s going through, I can’t live that life no more.
Am I still able to start the process of splitting assets? We have a joint mortgage which he won’t be able to contribute to as he won’t receive any income from his job while off sick. He has car finance etc that would also need paging.
Making an appointment with a solicitor tomorrow if open, otherwise Monday but does anyone know what path I need to go down to see go through with the financial separation?

ps I was planning on buying him out of the house.

HampshireH

I'm really sorry to hear your current situation. The end of a relationship is never easy but the emotional blackmail that you are experiencing is even harder.

Hold onto the fact that actually he instigated this.

If he is genuinely being sectioned he may not be in a position (capacity) to deal with dividing up assets right now.

I wish you well with the solicitor

elsien

Being under section doesn't automatically mean that he lack capacity to take things forwards but it is going to raise a question mark. If he does go into hospital then he can contact the car finance etc. to explain his situation and they will take his circumstances into account. But as he hasn't yet been sectioned, may not be, and some people who go into hospital on a section are discharged very quickly, I think it's too soon to presume how things might turn out.

Taking things forwards is not going to be a quick process anyway. I would suggest that you still see a solicitor for information but you can't just split things like a joint  mortgage, it doesn't work like that. If one of you can't pay then the other is still equally liable for any joint loans. And you have to decide between you who stays in the house, whether one can take over the mortgage on their own, whether the house needs to be sold etc.  He has to be well enough to be able to make any agreements that are needed - they are open to challenge otherwise. If he's not then you will have to wait to see what happens. 
There may be information you can start thinking about in the meantime.
 I take it you're not married?
How to sort out your finances on separation if you were living together | MoneyHelper

Do you have any other joint debts other than the mortgage, any joint bank accounts or anything like that? 
 

*pinkie*

No not married.

Before today we had discussed that I would buy him out of the mortgage - was waiting for some indication from him as to the value he was expecting as was going to go down the transfer route with the mortgage.

I’d be still paying the mortgage fully even though he won’t be contributing.

I wasn’t sure if there was a situation where he could be represented by the courts instead, but obviously that will be based on any health assessments at the hospital?

elsien

*pinkie* said:

No not married.

Before today we had discussed that I would buy him out of the mortgage - was waiting for some indication from him as to the value he was expecting as was going to go down the transfer route with the mortgage.

I’d be still paying the mortgage fully even though he won’t be contributing.

I wasn’t sure if there was a situation where he could be represented by the courts instead, but obviously that will be based on any health assessments at the hospital?

No, it doesn't work like that. Or not quickly anyway.
There is a presumption of capacity unless proved otherwise, but no-one is going to be moving anything forwards if he's just gone into hospital because they need to wait and see how he is and how he responds to treatment. If he has a power of attorney for finances, then they would have to act in his best interests and again they wouldn't be rushing into anything until it was clear that he wasn't going to be able to make his own decisions any time soon. Selling someone's share of a house on their behalf is huge -no-one is going to be doing that  without giving him the time to recover and a proper chance to make his own decisions. 

If it looks likely that he will not regain capacity around finances and there isn't a power of attorney then the only legal mechanism for him selling his share of the house to you or anyone else would be a deputyship. Firstly from the limited information you have given it seems unlikely that he would so unwell for so long that that would be a real possibility, and secondly there is a huge backlog in the court of protection and you're probably talking up to 12 months for anything to happen. It is far more likely that he will be in a position to sort this out for himself in due course, but that may not be as quickly as you might like. 

Carry on with getting valuations for the house, work out how much of a mortgage you will need, and start talking to the mortgage provider about affordability and whether they would let you take over the mortgage on your income alone if you haven't already done that. Then when he is well enough, you have the relevant information as a starting point. 

Are you familiar with the mental health act and what sectioning means in practice? It doesn't automatically mean he's going to be locked up and not able to make any decisions for months. A section 2, for example, is only for up to 28 days and he can be discharged from section any time during that period if the consultant feels its not needed any more. 

*pinkie*

Thanks so much for your input - helps to put things into perspective and for me to think logically. He had been in touch with a therapist at the point I ended it who wanted him to go into hospital for 2-3 weeks (there’s so many other issues, not just the break up) so seems section 2 is likely. 

Have very limited information from him at this point, due to where he has been working and doing this all by phone. Should have further contact this evening so will have more of an idea, but will get in touch with the bank etc so know what my position is. 

*pinkie*

Sorry must have read your post before an edit. Have a joint account for bills only where we transfer a set amount in. And a joint savings account with a limited amount.

Each have some credit card debt in our own name

elsien

The rest of it seems fairly straightforwards to disentangle then.

I do understand it’s the uncertainty that’s difficult right now, but just take it one step at a time. 
If you have any more questions about the mental health side of things, as and when you find out more, I will see if I can help. Not an expert but I have some familiarity with the systems. 

*pinkie*

Can’t thank you enough 😀 

Savvy_Sue

*pinkie* said:

Sorry must have read your post before an edit. Have a joint account for bills only where we transfer a set amount in. And a joint savings account with a limited amount.

Each have some credit card debt in our own name

Just be aware that if the banks where you hold these accounts have reason to believe that he has lost capacity, I believe they should freeze them, for his protection.

I'd make sure you have the details of any DDs or SOs, and be ready to settle bills by other means.

TBagpuss

As others have said, it's probably not going to be a quick fix but if her were to remain unwell for a long time there are steps which can be taken.,

Firstly, his being sectioned doean't mean he has lost capacity to manage his finacial affairs. IIRC someone can be sectioned if they present a risk of harm to themselves or to others, so it wouldn't necessarily mean they lack capcity, although in the event of any financial deaings it would probably be prudent to ask them to get their doctor to do a formal assessment. 

In temrs of buying him out, you can do some of thegroundworkm, such as getting 2 or 3 valuations of the house, looking into your own mortgage capacirty etc so that you are in a position to make an offer and to have figures to back it up.

As you aren't married, in the absence of any prior agreement or declaration of tust the presumption would be 50% each, so you would be looking to raise a figure equal to 50% of the net equity (plus the amount to clear the existing mortgage to get his name removed) 

For the joint bills account it may be sensible for you to transfer the direct debits etc to an account in your sole name and then freeze the acocunt - you can't close it or remove his name unless he cooperates but you can freeze the account which stops money going in or out, which may be prudent if there is any risk of his runningup an overdraft. 

If he does have capcity, then get the forms for him to sign to either close the joint accounts ( and split any balances) or to trnasfer them from joint names to a single name. 

For things such as car finances or credit cards, unless you are a joint account holder or guarantor , you are not liable and it shouldn't impact your creit record in the long term,  although he may need to contact the provisders to let them know his situation and they may have policies that would allow them to freeze the accounts or offer a payment holiday in the circumstances. Short term it might affect your credit as, beacuae you have a joint mortgage and joint accounts you will be 'connected persons' but longer term, once any joint accounts are closed you should be able to 'disassiciate' yo records from his.