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Separation with no legal action from the spouce

Posted by Leadickson1978 
Separation with no legal action from the spouce
January 26, 2021 10:05AM
I’m going through a separation at the moment.
My husband left after 26 yrs. we have two daughters together age 13,19
We have 7 rental properties jointly owned.
One residential property jointly owned
Valued of all poorer ties are over a million pounds.
I’ve took legal action as my husband thinks I’m only entitled to have the residential property.
My lawyer has sent out a letter regarding the separation and sale of the house & spliting the assets, then a proposed MOA which my husband has chose to completely ignored.
My husband thinks he’s above the law. How can I get him to go legal.
I have been going through this for 9 months I’m £4.000 in legal fees so far.
My husband receives £5.000 a month rental income.
I receive nothing from any of the rentals except my mortgage is paid from the rental income.
My husband offered me £200k which isn’t anywhere what I’m entitled to.
He said I’m not entitled to anything. We where both self employed we used of income to get the mortgages for the rental flats.
I have been with my husband for 26 years married 8 years surly There must be some way to get him to budge.
Please could you offer me some serious advice as my lawyer has been unsuccessful so far.
I’m in limbo & Im only looking for entitlement nothing else
Re: Separation with no legal action from the spouce
January 26, 2021 10:49AM
Well, you do have a lawyer acting for you. I am sure that your lawyer must have told you that you can make a court application to get all the financial issues resolved. Your husband would have to deal with that otherwise there could be some nasty consequences for that. You do, of course, need to issue divorce proceedings in order to do that. It isn't clear that you have done that. If you haven't then you are not going to get very far. You need divorce proceedings in order to bring this to a close. For what it is worth this is a long relationship and there are two dependent children. The starting point for any division is an equal division. On the face of it your husband's position is wholly unreasonable and he is unlikely to be able to sustain it before a court.
Re: Separation with no legal action from the spouce
January 26, 2021 12:23PM
Hi David
Thank you for your quick response.
Through our life together I haven’t ever paid a bill he always took care of it all. Will this effect my settlement??
I ran a small business through your life & I looked after our children. He actually stopped me from working.
I now have a full time job with the NHS as I’ve literally just been dropped.
The rental income pays the mortgage.
It’s imperative that I can be mortgage free to enable me to live a normal life.
There is divorce proceedings in the MAO we have only been separated for 9 months.
We’re in Edinburgh so our courts state you need to be separated for 2 years before divorcing as we have one child under 16.
I currently have a low income so taking this to court would be the last thing I’d need finance wise.
I have been advised by my lawyer to negotiate with my ex husband to keep fees as low as possible.
I’m also awaiting on figures for the capital gains tax come back for my accountant.
My husband also has come up with this crazy loan off £18000 from a friend whom he works with as a builder.
My ex husband & his friend built our residential home they have come up with the loan idea from this build.
They have merchants receipts to the address they also have lots of separate bank transfers adding up to the £18000.
This loan has never been mentioned before not once has it entered the equation.
Do you think it would stand in court as a actual loan?

Thanks in advance
Re: Separation with no legal action from the spouce
January 27, 2021 11:43AM
Since this is a Scottish divorce you really need the advice of a lawyer qualified in Scottish law which I am not. This is a long relationship, there are two dependent children and there is significant capital spread over several properties. Within that context I would be very surprised if your needs were not taken fully into account in any final settlement. For what it's worth I doubt that your husband will get very far with his £18,000 claim but even if he did within the context of £1 million it is not likely to affect much.
Re: Separation with no legal action from the spouce
January 27, 2021 08:49PM
Hi David
Thank you very much for your advice. It’s very much appreciated.
The loan amount that my husband has come up with is £180,000 I’m worried that this will stand in court & that I will have to take on half of this as debt in my settlement.
My lawyer is excellent. It’s the fees I’m struggling to pay hence the reason I seek your sound advice.
I’m terrified that I’ll loose my settlement entitlement if I take this to court as I’m the one who is perusing the court case, I’m worried I will be responsible for the fees for both myself & my ex husband.
I think my ex husband agenda is to keep the rental properties as he earns £50,000 pa from them.
Our residential house is worth £600,000
My lawyer has advised me to negotiate with my ex with regards to what I need rather than 50/50 split I have the figure of £350/400k II do not want to transfer any of the rental properties into his sole name as he will be earring £50,000 pa off the rent.
What would your advise be in my situation???
If my ex is summoned to court, if he doesn’t show up would that go against him?

Many thanks in advance
Lea Dickdon.
Re: Separation with no legal action from the spouce
January 28, 2021 11:00AM
Like I said, this is a Scottish divorce. You need to speak to a lawyer qualified to advise on Scottish divorce law which I am not. If this was an English divorce I would be confident about advising on the detail but it isn't. Sorry.
Re: Separation with no legal action from the spouce
January 28, 2021 06:47PM
No problem!
Thank you for the advice.
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