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I have to pay her rent?

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  • I have to pay her rent?

    My wife and I are recently separated.

    No legal agreement is in place, just a verbal arrangement. We are still living in the marital home, although she is finally moving out at the end of this week. She will continue to pay me a 50% contribution towards joint financial commitments (i.e. mortgage) whilst I remain in the house prior to its sale. We have agreed that the house is to be sold and any equity is to be split 50/50. Other debts such as joint bank overdraft and personal loan will be jointly settled from the proceeds of the house sale. I have a car on finance, in my name, and will use my portion on the money to settle this. She does not drive and has only had use of the vehicle for shopping trips etc.

    Back in March 2014, I was involved in a serious non-fault car accident, and subsequently filed a personal injury claim. I have now been offered a substantial amount which I am prepared to accept. It was my intention to pay off a credit card with part of this award as I have primarily been responsible for the purchases on the card (laptop, tablet etc). The card is solely in my name, but my ex is a card holder and has used the account herself, or we have used it on holiday etc. I feel that as I have accrued most of the debt, it is my obligation to clear it.

    However, my wife is playing hardball, and really getting down to the nitty gritty of the last few pence, thus I have now decided I need to find out precisely what she is entitled to with this compensation, legally. If it is half, she can have it. If not, then she gets nothing. The award is 99% for "personal injury" with some expenses I accrued due to the accident included (i.e. £300 excess on the car insurance for example).

    I don't want to cheat her out of anything, but as she seems intent of taking me for as much as she can, I need to know what she can legally have. Morally, I think she sucks. I had to go through a serious car accident, pain and suffering etc, and now she wants to take what I was awarded because of that... but my thoughts are not in keeping with the legal process, so I'll leave it there!

    Advice welcome. Please ask if you need any more information.
    Tags: None

  • #2
    Re: Separated - personal injury compensation

    Whilst the scenario painted in this article doesn't quite match your own, I think it offers some pointers :http://www.dailymail.co.uk/news/arti...s-greater.html

    Comment


    • #3
      Re: Separated - personal injury compensation

      I should add that there are no children involved, and my wife is financially independent, i.e. she works, has a full time job and is not living in poverty or on the breadline. A further point is that this award I will receive is not capital that replaced earnings, no hardship was endured because of the accident and I was able to continue working. It is purely an award based on my injuries due to the accident.

      Comment


      • #4
        Re: Separated - personal injury compensation

        Interesting article too - http://www.stewartslaw.com/preservin...n-divorce.aspx

        Comment


        • #5
          Re: Separated - personal injury compensation

          Further then... I will be divorcing my wife on the grounds of unreasonable behaviour. If she doesn't contest that, which she says she won't, and we do a 'quickie' online divorce, do the courts look at any financial situation, or just accept that she is happy to be divorced and for us to go our separate ways? We really, really, do not want Solicitors to get involved and are trying to work this out amicably agreeing on a 50/50 split of assets/equity/debt resolution, save my issue above.

          Comment


          • #6
            Re: Separated - personal injury compensation

            This is a useful article I think http://www.stewartslaw.com/preservin...n-divorce.aspx

            Basically other than the expenses part (ie your £300 excess you paid out) the compensation would be part of the matrimonial pot.

            You might find you would be wise to get a solicitor involved to draw up a consent order of what you have agreed financially, and make it a clean break order so if anything happens in the future neither of you can claim on one another (eg. possible future inheritance etc)
            #staysafestayhome

            Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

            Received a Court Claim? Read >>>>> First Steps

            Comment


            • #7
              Re: Separated - personal injury compensation

              As a matter of interest, TL, do you have any children?

              I think this might have a bearing on things (as in Des' example article above). x

              Comment


              • #8
                Re: Separated - personal injury compensation

                Originally posted by TechnicallyLegal View Post
                I should add that there are no children involved, and my wife is financially independent, i.e. she works, has a full time job and is not living in poverty or on the breadline. A further point is that this award I will receive is not capital that replaced earnings, no hardship was endured because of the accident and I was able to continue working. It is purely an award based on my injuries due to the accident.

                MissFM answered question above
                "Family means that no one gets forgotten or left behind"
                (quote from David Ogden Stiers)

                Comment


                • #9
                  Re: Separated - personal injury compensation

                  Originally posted by leclerc View Post
                  MissFM answered question above

                  thanks again Leclerc - should've gone to specsavers :rolleyes2:

                  Comment


                  • #10
                    Re: Separated - personal injury compensation

                    You may find this step by step guide to divorce helpful if you are intent on not involving solicitors:

                    https://www.gov.uk/divorce/overview

                    Comment


                    • #11
                      Re: Separated - personal injury compensation

                      She is likely to inherit her parents home and any monies when they pass away, which would have been split between her and her sister (and respective spouses). Obviously that has changed somewhat, and her family are now stating they will do all they can to ensure I am not entitled to anything. Not a problem. But if she pays hardball over the personal injury compensation, then I will be left with little choice in years to come. It is extremely unlikely that I will receive any inheritance from my elderly parents on their passing, as they don't have any assets. That said, a clean break order would seem the best option giving us both peace of mind. Can pensions rights be excluded from any such claim too? Thanks for the advice.

                      Comment


                      • #12
                        Re: Separated - personal injury compensation

                        Yes pension rights can be included. I had them included in mine anyway.
                        #staysafestayhome

                        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                        Received a Court Claim? Read >>>>> First Steps

                        Comment


                        • #13
                          Re: Separated - personal injury compensation

                          So my soon to be ex would have no claim on my pension, is what you are saying, if I so desired it, and she agreed?

                          Comment


                          • #14
                            Re: Separated - personal injury compensation

                            Yes, I can't find a copy of mine, but ours agreed a clean break, 50/50 on the house and debts, no future claim over anything inc pensions.


                            This is from Wikivorce - you WILL need a solicitor to draw up the consent order if you go that route once you both agree.


                            Depending on your circumstances the order will include:

                            Liquid assets: this is anything jointly or soley owned that can be sold for cash, for example property or shares. In fact anything that can be sold, is in legal terms a realisable asset.
                            Pensions: although a pension cannot be sold it is still an asset that can be shared by agreement.
                            Maintenance: there are two versions, child maintenance and spousal maintenance. Child maintenance is paid to the parent who has the child or children for the most nights in the year, spousal maintenance is payed to an ex-spouse by the higher earner, to compensate for the difference in their salaries.
                            Inheritance: consent orders typically include a clause to dismiss claims on future inhertitances.
                            #staysafestayhome

                            Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                            Received a Court Claim? Read >>>>> First Steps

                            Comment


                            • #15
                              Re: Separated - personal injury compensation

                              Many pensions have provisions for your spouse as well, so it is important this is got right. I know if I die before my wife, she will get 50% of my pension every month for the rest of her life.

                              Comment

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