Can he do this?

I received my Stbx''s form E on Thursday, we have the 1st hearing on 17th June. In his documents he is stating that he has sole interest in the martial home and wants all the equity from the sale of the property (he owned the house before we were married for 5 years and always refused to put me on the deeds or mortgage) even though I paid him the money for the mortgage repayments since we got married 15 years ago. ( by direct debit each month so have proof) and since we split up I still pay 2 3rds of the mortgage. He also wants my car ( a 2008 Ford Focus) even though he has his own car. He has also said that he wants our 10 year old sons compensation of 120k to be taken into consideration with regards to the settlement and he feels that he should at least receive a share of it (a vaccine damaged payment compensation due to our son having a life long disablement due to a vaccine he had at aged 4) this compensation is in a trust fund for when our son is 18 and to help with his care needs as he goes through life. Is the judge likely to give my Stbx everything he wants regarding the equity in the property and force the sale of the property and also take my sons compensation into consideration for the financial settlement?

He can ask for anything he wants. What he gets is another thing

After a 15 year marriage with children it doesn''t matter who had what before you married. The house is as much your as his.

Presumably your sons compensation was paid to, and belongs to, your son. It won''t be part of the pot as neither of you own it.

I can only speak from experience.

At our final hearing my ex admitted taking over £3k from monies she held in trust for our son.

The judge made it quite clear that these monies belong to our son and held in trust means exactly that.

She was ordered to repay the money with interest and transfer the trust over to me.

every judge has different views but "in trust" does have a clear legal meaning.

Joem

Hi Joem, if I may ask, what was the outcome of your FH? Was the case settled then? (I guess it had to..?). I have my FDR coming up in a couple of months and have a feeling she will drag it out all the way to the FH as she has nothing to lose. Many thanks.

Thank you, that is what I thought about my sons money as it has been awarded solely in his name, I am a trustee on the account along with a family friend (I did not put my STBX as a trustee as I did not trust him with the money. I must admit I am disgusted that he wants it taken into consideration.

My ex took the money to pay our sons child maintenance to me. Despite working as a band 6 Radiographer in the NHS. (She admitted this in the hearing)

The judge was very unhappy (very mild description) that our son had been paying his own child maintenance.

My ex took this money despite having a solicitor during the whole of the divorce!

Even I as a humble LIP could look up the legal meaning of "in trust"

joem

MattSmy sent you an IM