Hi,
Hoping someone can help me please!
My stbx is adamant that all debts incurred during the duraton of the marriage in my name are mine and nothing to do with her (even though they were all for the good of the familly).

because she chooses not to work and has the children in the FMH, there is a chance she will be awarded the lions share of the FMH, and I will be stuck with bthe debts.

I am currently unable to repay the debts as there are too many, if I contact all the debtors I am in default with and they agree to place a charging order against the property (3 already have done so).
What happens in the event of a transfer to the stbx to these debts? If they have a charging order can the property still be transferred without this being paid?
I am very confused by it all!!!
Thanks
Rag

ragel,

do you have any evidence to show what the debts were spent on? If you say they were for the good of the family and can demonstrate this then I cannot see any reason why they should not be treated as joint debts. In that case I would imagine that any charge on the house would be taken into account when working out the equity. If the house was sold the debts would have to be paid.

From reading your other posts you say you have young children, your stbx does not work and is co-habiting in the FMH with a partner who also does not work.

To be able to help you fully it would be good to have a bit more info ...

Duration of marriage/cohab
respective ages
ages of kids
size of FMH
equity in FMH
any other assets - value
Debts - value
Pensions
Your income

Also what size is FMH? How much do you estimate it would cost to buy a property suitable for her and the children?

Unless there is a really good erason for not working - ie disability - then I would imagine a court would expect her to work for at least 16 hours a week and claim tax credits etc. I would imagine they would also take a dim view of the freeloading partner but am not sure what they could do about that!

In another post you said stbx's barrister made your solicitor look incompetent. Would you like to elaborate on what happened? That may help too.

Hadenoughnow

Hi Thanks,

Have included details below, hope it helps!

Co-habited for approx 9 years married for 2.
Children 6, 7, and 10 also she has child from previous relationship of 14.
Equity in FMH is approx £120k
She has personal debt of around £8k me of about £25k
My pension about 20k hers about 10k no other significant assets.
She is not working as pregnant with her new blokes kid.
My income is a bit of a grey area as after we split I was made redundant and have set up a ltd company. Have been paying myself £1200 a month as an employee, have been subsidising my living with directors loans, am waiting to hear from accountant if I can bill my solicitor through the company as an expense (a figure is not just fighting financial aspects for me but also for the company, i.e if I am forced into bankruptcy the company will be folded).

Due to the state the house has been left to get into since I moved ut, it is unlikely that they would be able to re-locate anywhere suitable cheaper.
her new partner has now just started a job.
There is a suspended re-posession order against the FMH as after I moved out they went 6 months without paying mortgage.
I offeed in mediation before Xmas an 80/20 split in her favour and asked that they took on the mortgage, they refused this and said will not settle for anything less than 100% of equity and me to keep my personal debts.
They are on legal aid so can just keep fighting for next to nothing whilst it costs me a fortune.
Ref the barrister, solicitor thing was just the way the questions were worded in questionaire Barrister was arguing that they could not prove what was to happen in the future, solicitor just seemed really flustered

ragel,

I will PM you.

Hadenoughnow