Re:liable for debt???

I am finding this thread interesting as earlier in the week I posted a question regarding unequal legal costs. Basically although it appears that it depends on whether it is a needs case or not I am liable for half legal costs whether mine or his if spent from matrimonial pot, so take the full whack for his solicitor charging ridiculous amounts against mine who charges fairly. What I didn't mention was that he has taken an apparent loan from his father to pay his legal costs. So in theory a debt he has accrued post separation?? I wonder if this makes a difference. Hadenoughnow.. any ideas?

I guess ultimately it will depend on a: what is in the pot and b: what the judge thinks is reasonable.

In my case I had an inheritance from my mother which covered my legal costs. My ex was on legal aid. As far as I can tell no allowance was made to him for his legal costs which ended up as a charge against property - so he still has the debt.

It would seem very unfair if you did have to take his legal costs off the cash pot before division ... who told you that was what would happen?

In AR each party should pay their own costs.

Yes hadenough, legal bills were appx 60,000 to him so far including the latest loan and mine are appx 10,000 of which I am now self repping.

There should be enough in pot for us both to have a home. stbx has supplied homes that he feels children and I should live in, of which I have seen - not suitable (not because of size) but very much all in need of TLC and/or renovation and in unsuitable areas for children.

The problem is stbx is self empl, ltd company and claiming only earns 23.00 per day!!!!! Yet funding a company vehicle in excess of 600 pcm and now the private loan of 500 + pcm from private bank a/c but doesn't even earn that per month!!!??? (which is a lie).
Will judge see through this or do I have to question to show this to the judge?
There are no 'personal expenses' at all on his latest bank statements unless everything is being drawn out cash, but again will judge note this if I bring it up?


Survive
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Survive,

You will need to ask questions in cross examination that reveal inconsistencies in his lifestyle, outgoings and income as declared.

Have you details of any dividend payments he receives? He is probably claiming the minimum in earned income to avoid tax but will be topping up his income with dividend payments that are taxed in a different way. He is probably also paying for many expenses via the company .. but presumably all this would be apparent from company bank statements which presumably he has been asked to provide? (I had to provide all my company bank statements as well as annual and interim accounts). Questions can also be asked about large cash withdrawals and what it has been spent on. In your shoes I would certainly be asking about the loan agreement he has - and how he secured it when he has less income than the repayments. Is it a bank loan? Or is it a directors loan from the company I wonder?

As far as the housing goes, you will need to ask questions that expose the unsuitability of the properties .. ie the effect on children of moving schools, crime rates in the areas etc. Make sure you have done your research and know the answers. My ex seemed to think it was entirely appropriate for the children and I to move to a sink estate in the city when we lived (and still do ) in a rural area -- where they were born, had friendship groups, established schooling etc.

Hadenoughnow

Thanks hadenough,

I cannot see any evidence of divedend payments in the last year accounts??? His loan for legal bills is cominf from his personal bank account. I did wonder how he had zero mortgage capacity on a personal basis due to low income but could secure a personal loan??? However he is able to raise a substantial mortgage on a commercial basis ­base­d on other assets.

I do also wonder how and why he has borrwoed a sum that exceeds his monthly income and put in his statement that he is hoping to repay this out of any settlemtn from the divorce???


Also his business... he is funding a loan of some 600+ per month for a vehichle??? Yet only declaring less than that in wages?

The houses, I viewed today are in the vicinity, not as close but do-able, if you want to walk 1/2 per day each way to and from. But the areas are not safe and desirable for the children, I have made notes of these, should these be included with my noted in his trial bundle?
Also do I request info on large CR/DR amounts to his personal a/c from his SOL prior to FH?


Thanks again

Survive
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