Lawson-West would like to remind all separating or divorcing couples to make sure they also sort out their finances, especially regarding the family home, before completing their separation or divorce.
One couple, a Mr and Mrs Etherington, separated after Mr Etherington left his wife to start a new life in Bulgaria in 1994. Divorce proceedings were issued based on his adultery but financial matters were not resolved.
Since then, Mr Etherington failed to contribute any money towards child maintenance for their two children but kept his name on the title deeds and mortgage, even though Mrs Etherington was the one paying the mortgage every month. Finding it difficult to keep up with mortgage payments, Mrs Etherington decided to sell the former matrimonial home. She had to trace Mr Etherington because his name was still on the deeds. Mr Etherington put in a claim for a quarter of the value of the house.
The District Judge at County Court ordered the house to be sold, the mortgage paid and a quarter of what was remaining to be paid to Mr Etherington.
Sadly this left Mrs Etherington with no home as she had to move out to comply with the order to sell the house and had not been left with sufficient money to fund a house purchase for herself.
If you have any queries about the financial aspects of divorce or how assets are divided on separation, please contact Alistair Dobson on 01858 445480 now or complete one of the on-line forms.
