Divorce
Ending the marriage- the process to decree absolute
Financial issues in divorce- ancillary relief
Divorce and Pensions
Children
Divorce advice for men
Divorce for non residents
DIY divorces
Costs
Timescale - quick divorce or not
Wills & divorce
Legal Aid
Injunctions





 

 

 

 

 

 

 

 

 

 

Miscellaneous
Prenuptial Agreements
Cohabitees
Judicial Separation
Changing surnames
Civil partnerships


Contact
Contact


Legal Stuff
Disclaimer
Topic:
Marital debt on our credit cards (9 Posts)
Started By:
Date:
07 July, 2017 12:56PM
Marital debt on our credit cards
John86 - 07 July, 2017 12:56PM
Example situation:

Married in January 2015
Separated in March 2015
Marital debt on her credit card: £50k (amount at separation)
Marital debt on my credit card: £50k (amount at separation)
Equity in joint home: £200k

Scenario:
Me: Paid off £50k during separation period, balance is now £0.00. (Credit card balance now £0.00)
Ex: Paid £25k during separation period but has spent £25k on extravagant items for herself. (Credit card balance back to £50k)

Questions:
Me: Would I get the £50k marital debt back that I paid off or would that be irrelevant now its no longer outstanding?
Ex: Would the full balance of her credit card be classed as marital debt because its the same amount owing as it was at the time of separation? Or will it be recognised as 50% marital and 50% her own debt?

Cheers
Re: Marital debt on our credit cards
davidterry - 11 July, 2017 10:41AM
The answer to this would not depend upon the facts as you have framed them. They would depend, among other things, upon how long you had been together (as opposed to while you were married) and upon what your respective needs and financial resources are now. There is a very big difference between a situation where you earn £100K and your wife earns £0K and one where she earns £100K and you earn £0K. Factors like these are what actually count.
Re: Marital debt on our credit cards
John86 - 12 July, 2017 06:20AM
thanks for the reply Terry

We started our relationship in January 2010
We got engaged in January 2014
We got married in January 2015
We separated in March 2015
We bought jointly owned home in January 2012
She earns £30kpa
I earn £80kpa
She has one child
I have no children
She lives with parents
I live in marital home
I've paid off a lot of marital debt £50k (wedding, loans, home improvements)
She's paid off nothing.
Equity in joint home £200k

cheers
Re: Marital debt on our credit cards
HatMan - 12 July, 2017 07:25AM
The disparity in income is not going to help your case, her side will argue ( reasonably ) that she needs a greater slice of the equity to rehouse herself - I suspect that you need to quantify the debt that she has racked up since separation to mount any sort of case on that front, any existing debt prior to split will be counted as joint. - she may well argue that her costs have been increased through not living in the house etc etc - anyway good luck...you are going to need it, I don't think you have done yourself any favours by clearing your debt whilst hers has increased.
Re: Marital debt on our credit cards
John86 - 12 July, 2017 09:46AM
HatMan I appreciate your advice. I think i will remain single for the rest of my life smileys with beer.

So to be completely clear (I know theres never a definite answer when it comes to the law) I CANNOT claim for the marital debt (spent on wedding) I paid off during separation period? But she could be entitled to more because she spends a lot on herself?

cheers
Re: Marital debt on our credit cards
John86 - 12 July, 2017 09:47AM
*definitive
Re: Marital debt on our credit cards
davidterry - 12 July, 2017 10:23AM
You can claim but it will almost certainly be outweighed by the fact that there is a dependent child, your wife earns less than half what you earn and you seem to be better accommodated than she is.
Re: Marital debt on our credit cards
John86 - 12 July, 2017 04:13PM
Cheers fellas!

I divorced her for adultery. Could I claim the legal costs from her?
Re: Marital debt on our credit cards
John86 - 13 July, 2017 12:18PM
It's going to court by the looks of things.
Sorry, only registered users may post in this forum.