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Clearing debts after seperation and affects on settlement

  • yammy87
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10 Apr 24 #522865 by yammy87
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hi there, i have quite a few questions in going to end up asking on here, this is my first post so hey there.

I have a pretty troubled marrage with a major factor being my partner creating large debts/gambling (in both our names, jointly and singley) consistently. This was a recurring theme of debt being created and mostly me paying it off every 6/12 months.

Im just saying this for context, im not arguing i could effect the settlement based on this, my question is more about the specific situation i am in right now.

We seperated in decemeber last year and as it stands i have a car with finance in my name that was "hers". she couldnt get finance because of credit score so it was in my name and is owned by me. She used to pay the payments but now i pay for them and just have a spare lying around. If i was to return the car i would save around £400 per month but i would also have to pay around £3k as its negative right now.

Additionally i have a loan currently at £15k which was taken out again in my name to pay off her debts that she was paying at £600 a month, of course i am now paying for this.

I havent yet but will very soon be starting proceedings (next few months). There is a lot more to the story but i dont think its relavant to my specific question here for now.

I have the opportunity to clear the car and possibly the loan payment (among some of my smaller cc debts). Since seperation its become clear just how much money she was wasting and me and our children actually have more money available each month now.

I would like to keep our home but it most likley wont be possible unless i can clear these debts first, which i may be able to do, to give the mortgage company every opportunity to approve a higher mortgage for me.

Im worried if i do clear them it would negativley impact whatever the final settlement is, because what would of been offset against assets i would of cleared.

Can i request our finantial position is discussed FROM our seperation and the debt/asset value at that point time? or will it only be from when we actually fill out the forms?

If it helps i remain in the family home with our children who have had no contact with her since decemeber and probably wont going forward (childrens choice). I have and continue to pay all household bills and support the children etc. Effectively she left/was removed in december and hasnt contributed since.

  • WYSPECIAL
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13 Apr 24 #522877 by WYSPECIAL
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Are you able to pay the mortgage and other household costs from your income?

Why do you need to increase the mortgage?

Are you claiming everything you are entitled to now you are a single parent household?

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15 Apr 24 #522883 by yammy87
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yes i have no issues maintaining the usual bills at all. i dont need to increase the mortgage now, but if i am to attampt to retain the home after a settlement i would need a larger mortgage and less debt in my name so i could give her share to her, i couldnt buy her out without an increase in the mortgage

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