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The wife and I are separating (her decision not mine), I'm trying to figure out where I stand with a host of things prior to hitting mediation in the near future. It is likely that I will be listed as the primary carer for our kids, but nothing is certain yet.
As well as a joint names mortgage (which I pay all of), I have a couple of loans in my name that we have taken out to help fund an extension on the house and pay towards some things for her/clear down some of her debt. These loans are in my name only, I also have a credit card (in my name) on which I have put the cost of some major repairs to her car (and MOT/Tax of her car at the same time) as we didnt have the cash to cover it when the bill landed on the door step.
Now we are separating where do I stand with the loans and the credit card, will she be required to bear any of the cost of these items, or since they are in my name am I stuck with them? in total there is quite a large sum at stake here....
Thanks
R
Hi there
As the cards/loans are in your name only then you bear sole liability I'm afraid. You can try to negotiate with her in Mediation to pay towards them as she benefited from them, but if she won't agree I don't think there's a lot you can do.... Hope I'm wrong.
i feared as much, [censored] typical that i pay to put her through law school, she majors in family law, and 6 months later i find myself in this position.....
... a well trodden path I'm afraid Rizzy.
You mention care for your children. I suspect she will change her mind about you being the main carer pretty quickly once she remembers about CM.
Best wishes,
O
Hi There,
I think as already said although the debt was ran up helping her as the cards and loans are in your name then you areliable to pay them, as Mojo has said you can try and get her to contribute towards them but unless she agrees to do this you will be left paying.
GTTS
The loan you took for the house extension was taken for the benefit of the family at the time you were still together - on this basis, it might be taken into account by the CMS with regards to maintenance - it's worth checking this with them.
Thanks, interestingly (or not depending on how you look at it) as it stands she has agreed that no maintenance is payable as we are having a 50/50 split in nights with kids, and as I will be doing all the school runs etc mon-fri as well as having them during school hols and when sick...
She was asking for Maintenance following visit to her solicitor, but backed down immediately when I challenged it. She has also been very confrontational with me since her solicitors visit and is currently arguing against mediation....I'm wondering if her solicitor told her I hold most of the cards and shes running a little worried.
The issues we are having are now around the house bills etc etc which she wants all of the good but none of the pain. I am currently torn about pushing for the house as I am the Primary Carer.....if I move out but cant find somewhere suitable to live that is really close to where we currently are, then the costs of the school runs dropping kids off at friends etc etc will go through the roof (the problems of living a bit out of the way)..
Think I advised before - assume that any agreement (including a court order) for no child maintenance will be forgotten 12 months later when she gets the CMS involved, so don't negotiate away anything else on the basis she'll never ask for maintenance.
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