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Sutherland

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Subject: Any advice, greatly appreciated! Posted: Thursday, December 5, 2013 - 12:54:16

Hi All, Merry Christmas & Happy New Year! I have not been on for a while, its 8 months and 3k later in solicitor fees and only now I have circumstances that might be worth discussing! Brief over-view.. Married 15yrs, 15k debt, 90k equity in house, I earn 25k, her 16k (+7k tax credits) my pension 30k, hers 5k, one child, joint custody. My ex2b has done her very best to manipualte every possible situation, it took her 12 months to get a job, put the house on the market just as house prices fell and has generally shafted me every way I can. Long story short, what do people think is a fair settlement.. My ex2b has been living with her new partner (oh sorry, they\'re \"just friends\") for months now and has just moved in offically, well I say officially, but she maintains its temporary! We have joint custody of our child. I pay all the debts, she has pays nothing. She has been receiving housing benefit on the house to pay mortgage as I could not pay, even though she wasn\'t living there and has been working full time.. benefit fraud I hear you say? The authorities dont seem to care much unfortunately. She also receives approx 7k a year in tax credits, claiming for a single person although co-habiting. The ex announces the house was to come off market and be rented, that I am still to pay the debts and she takes home a nice 1700 a month with no bills and I have not a penny to my name. I said under no uncertain terms, the house is to be sold. She will not pay anything to the mortgage and so the house will be repossed, I cannot put a roof over myself and my childs head if I pay for the mortgage, and I cannot move back into the house, one because I cant afford to, two she changed the locks. She cleared the house of furniture and moved it into her partners home, doesn\'t look like i\'ll get anything from there then! My ex2b still expects all the equity even now. Surely as she has her housing needs met, and I dont, I should expect at least 50%? She plans to lie about her housing intentions and say she wishes to reinvest. There is not enough equity for her to do that, the best she could hope for is rent. My Q\'s.. 1. Surely she\'s not still entitled to legal aid? 2. How can I stop her claiming tax credits fraudulently? 3. What is a fair settlement and anything else I should angle for? She cares not for anyone but herself, our child looks like a ragamuffin as she prances around in Prada, I just want whats best for me and my child now. Mediation is on the cards for the second time now, she will not listen to legal advice, she hears what she wants and will negotiate for the lot. What is my best way to go about this, cant afford to go back to solicitor. Thank-you all..

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EnglishRose

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Posted: Thursday, December 5, 2013 - 12:54:15

That\'s awful. As she gets the tax credits your incomes are about the same so I don\'t think either of you should have to pay any maintenance to the other (excluding anything for children). If that\'s just hte pension fund sizes I woudl ignore those because you will have a long time to age 65 on both side and can build up more pensions. You have 75k joint assets between you after taking debts off so surely about 37,500 each is fair and the house to be sold ASAP/. Why not put it up for auction rather than have it repossessed?

Sutherland

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Posted: Thursday, December 5, 2013 - 12:54:16

Yes I thought an equal split was more than enough for her seeing as she has moved in with her partner, but unfortunately she is convinced she will be entitled to the lot, as she thinks that by saying this move in with her partner is temporary will make the difference. Auction is a good idea, I hadnt thought, the house needs to be sold very quickly indeed. What do you think about the tax credits and legal aid she\'s obtaining, is it not right that she will lose it now she\'s with this guy? Or am I living in a dream world where morals still exist!
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