Ex Paid Nothing But Wants Half

[Openlaw15]

Re: Ex Paid Nothing But Wants Half

Thank you Openlaw. I really appreciate the time you've spent reading through and responding to each point.

This whole situation is not going to sort itself and I think I just needed to know that my 'take'on things is not totally Pie in the Sky. Obviously, I don't expect a clear cut "He'll get this and You'll get that" response, but just to know that the points that I feel are significant would hopefully be considered is quite reassuring.

I think at this point I need to 'get off my arse' and set things in motion.

Another point that has come to light and does make me curious is the fact that he won't give me his current address. My eldest son has been to the house before and went at the weekend to find out the actual address for the property, but they wouldn't tell him. It's an old property without a house number, on a lane, off another lane, so it's not straight forward.

I've since found the address online and wondered if there is any way of finding whether he actually has financial links to the property. I don't want anything from it, but it could be useful for extra leverage to get him off my case.
The fact that he was so desperate for me not to have the address makes me wonder why ??

Maybe he just doesn't want any links between his current address and his debts.

Do a property search on the land register with that address, it'll tell you all property interests he has if any linked to that address. Remember, as you have alluded, whatever he has the 50/ 50 presumption applies to this too. I was thinking about this but as the facts never indicated he had anything worth taking an interest in, i just left this out.

[Lindiloo]

Re: Ex Paid Nothing But Wants Half

Bad news ... Finally found the title on land registry and it is just registered in his partners name. Long story short, her parents own large country property and Ex and partner were living in granny-flat over workshops. Parents applied for planning permission to convert flat and workshops to 2 houses. My ex, who is a builder, has done the conversion works and her parents have sold them one of the properties at what I would estimate is about half its actual value. So I'm guessing that even though he's lived with her for the last 5 years or more and has done all of the work their house is safe because it's only in her name.

[Openlaw15]

Re: Ex Paid Nothing But Wants Half

Bad news ... Finally found the title on land registry and it is just registered in his partners name. Long story short, her parents own large country property and Ex and partner were living in granny-flat over workshops. Parents applied for planning permission to convert flat and workshops to 2 houses. My ex, who is a builder, has done the conversion works and her parents have sold them one of the properties at what I would estimate is about half its actual value. So I'm guessing that even though he's lived with her for the last 5 years or more and has done all of the work their house is safe because it's only in her name.

No it's good for you, he has a beneficial interest in that property which likely means you'll be better off with his interest in assets. Read above about beneficial interests versus legal interests. It's good for you, it doesn't not matter if the property is not in his name, he has a beneficial interest in that property which likely means you'll be better off with his interest in assets. He has an interest in a property and probably put it in her name to deprive you of your rights at the point of divorce regardless of what he thinks, you still have rights to what interest he has. It's like this whatever value he has, were the property to be sold is the right you have at the point of divorce, ie half of what he has. He also sounds like he has his own business as a builder and as he is married to you you're entitle to 50% share of the company too. He has done the conversion work on the property himself so whatever value the conversion he has made to the property benefits you, ie whatever the property is valued today benefits you.

[HannahM]

Re: Ex Paid Nothing But Wants Half

Hi, this sounds stressful for you! Have you thought about going to a family law mediator about this? Its a good way of resolving these sorts of issues and more cost effective than going to court. If you're on a low income you might get free mediation (by getting legal aid for mediation). Also, its now a legal requirement that you go to an initial mediation meeting (though not necessarily with your ex present too), before you can start financial relief court proceedings. His debt is concerning, so, as someone said above, if there is a chance of him going bankrupt you should get this resolved asap. I'd repeat the advice that you see if you can get some free initial advice from a family solicitor who will give you general advice about the things a court would take into account when considering a fair split of the equity.

[Openlaw15]

Re: Ex Paid Nothing But Wants Half

Hi, this sounds stressful for you! Have you thought about going to a family law mediator about this? Its a good way of resolving these sorts of issues and more cost effective than going to court. If you're on a low income you might get free mediation (by getting legal aid for mediation). Also, its now a legal requirement that you go to an initial mediation meeting (though not necessarily with your ex present too), before you can start financial relief court proceedings. His debt is concerning, so, as someone said above, if there is a chance of him going bankrupt you should get this resolved asap. I'd repeat the advice that you see if you can get some free initial advice from a family solicitor who will give you general advice about the things a court would take into account when considering a fair split of the equity.

When i think of legal aid lawyers, from others' experience albeit anecdotally, I think, law on the cheap = basic advice. The way I understand it legal aid works by lawyers being paid a lower rate to their usual rates and then if they're successful they can claim back the differences and for court costs. Most of these lawyers haven't even done a qualifying law degree nowadays, instead they do a soft subject and a conversion course (GDL) at the end. They then do a barrister or solicitor's practice course, plus 1 year contract = legal professional. Alternatively, there's legal executive route which does not require a law degree. The essence of the law is that a legal executive can do pretty much what barrister or solicitor can do. Welcome to McJustice (to quote Weber).

[Lindiloo]

Re: Ex Paid Nothing But Wants Half

Thanks HannahM. I have been in contact with a free legal advice clinic and they didn't fill me with much hope, although they didn't advise on the subject of the unpaid child support, as they said that was a separate matter to the division of assets. (and maybe my free consultation time was up)
At the moment I just don't have any available funds for solicitors fees so I suppose mediation will have to be the first step.
I have dug out the paperwork from when I originally started divorce proceedings and documents were filed with the court so apparently I have to either cancel that first (more expense) or carry on from where it was left.
Ive also found out the original mortgage account details and asked the building society and the solicitor I used if they still hold information regarding the mortgage in my sole name and the date that he was added to the mortgage. This would have been when we remortgaged to raise funds to pay debts.
The one thing I just can't get my head around is that he could basically abandon his children and then appear 12 years later when he knows the jobs done and steal the roof from over their heads.
What a mess !!! You're right ..... It's all very stressful

[Lindiloo]

Re: Ex Paid Nothing But Wants Half

Thank you Openlaw. I didn't initially see that you had posted above. Your posts seem to give me a little boost each time I think I've hit another brick wall.
I wonder if my best way forward would be to approach him myself with the information I have or to beg, steal or borrow the money to ask a solicitor to do it on my behalf.

[Openlaw15]

Re: Ex Paid Nothing But Wants Half

Thanks HannahM. I have been in contact with a free legal advice clinic and they didn't fill me with much hope, although they didn't advise on the subject of the unpaid child support, as they said that was a separate matter to the division of assets. (and maybe my free consultation time was up)
At the moment I just don't have any available funds for solicitors fees so I suppose mediation will have to be the first step.
I have dug out the paperwork from when I originally started divorce proceedings and documents were filed with the court so apparently I have to either cancel that first (more expense) or carry on from where it was left.
Ive also found out the original mortgage account details and asked the building society and the solicitor I used if they still hold information regarding the mortgage in my sole name and the date that he was added to the mortgage. This would have been when we remortgaged to raise funds to pay debts.
The one thing I just can't get my head around is that he could basically abandon his children and then appear 12 years later when he knows the jobs done and steal the roof from over their heads.
What a mess !!! You're right ..... It's all very stressful

Because he is pond-life. You could say i'll go after your interest in your business and the property in which you live with her, if you leave me and the kids alone to live in this house.

[Openlaw15]

Re: Ex Paid Nothing But Wants Half

Thank you Openlaw. I didn't initially see that you had posted above. Your posts seem to give me a little boost each time I think I've hit another brick wall.
I wonder if my best way forward would be to approach him myself with the information I have or to beg, steal or borrow the money to ask a solicitor to do it on my behalf.

If he threatens you with taking 50% of your home, tell him you'll do likewise. If he has any sense in that grey matter of his he'll leave well alone. Am sure his interest in the property with girlfriend in which he has lived for 5 years as well as doing it (the property) up, along with his business interests are likely worth around £22,000 or more. Hmm, how are you getting on with this child support business, what steps have you taken so far? He has more than enough money now by the sounds of it to pay child support and back-dating it too.

[HannahM]

Re: Ex Paid Nothing But Wants Half

Hi Openlaw 15, as a qualified solicitor with many years of experience in both legal aid and privately paying work, I'll try not to take offence by your comments about legal aid lawyers!! I would hope that all clients are provided with the same quality, irrespective of how they are paid.
For the avoidance of doubt, though, I was suggesting legally aided mediation in the first instance.

[Lindiloo]

Re: Ex Paid Nothing But Wants Half

I didn't think I could claim anything now that they're older, although the youngest is still at uni.
Because I didn't use the CSA I can't use them to chase it.

[HannahM]

Re: Ex Paid Nothing But Wants Half

Hi Lindiloo, I think the court would consider the lack of any financial support for you and the children is relevant to the division of assets. As you are are/were married, this is definitely a factor to be looked at! Mediation would definitely be cheaper if you both agree to it. The mediator will understand family law and have a good idea of likely orders that a court would make. Therefore if one of you (ie your ex), is being pretty unreasonable they can usually steer them in the right direction.
You're totally right about either having to withdraw your initial divorce petition, or carry on with it. Can you carry on with where you left off?

[Openlaw15]

Re: Ex Paid Nothing But Wants Half

I didn't think I could claim anything now that they're older, although the youngest is still at uni.

The court has jurisdiction post marriage, can make adjustment orders even after the final divorce. As the youngest is still at university, your husband has to provide for this one.

[Openlaw15]

Re: Ex Paid Nothing But Wants Half

Hi Openlaw 15, as a qualified solicitor with many years of experience in both legal aid and privately paying work, I'll try not to take offence by your comments about legal aid lawyers!! I would hope that all clients are provided with the same quality, irrespective of how they are paid.
For the avoidance of doubt, though, I was suggesting legally aided mediation in the first instance.

I was also in mind of some legal commentators when I said that. However, I do hope there are many like you and are (others that is) not what I would call conveyor belt lawyers, ie just pass information on instead of arguing substantive points of law. For that matter I was not remotely referring to yourself or your good lawyer colleagues but to those who do a scant job/ performance.

[Lindiloo]

Re: Ex Paid Nothing But Wants Half

Does anyone think it would be sensible for me to initially tell him that I would be looking at pursuing him for unpaid child support and for any assets ie house/business/pensions (although I doubt that his business has any worth), or do I really need to do it through a solicitor.
I genuinely do not think mediation would work as we did try that right back at the beginning and he wouldn't budge.

Maybe he's reading this thread and he already knows