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Can my new partner be made to take a loan?!

  • Drewbunny
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04 Jun 18 #502031 by Drewbunny
Topic started by Drewbunny
Due to attend the fdr in July and representing myself ( have no money) although my ex has a solicitor and will attend with a barrister ( despite claiming he’s not working!).
At the FDA in November, his barrister put forward that I should pay 100k to settle and that I should take a loan to do this. I earn 12k pa so no ability to do this even if I wanted to. When I advised of my earnings, I was them told by said barrister that I would then have to take a joint loan with my new partner to settle my ex. Can I be made to do this?? Surely my new partner cannot be made to take a loan for this purpose?!
I have two children, 12 & 14 and the house is in my name, always has been. Ex’s earnings were always erratic due to his drinking so didn’t contribute consistently and can prove this to an extent. My new partner hasn’t moved in properly as we’ve been delaying this purely due to the divorce and finance settlement etc, so his earnings etc have not been stated.
I’m trying really hard to prepare myself and feel that my ex and his solicitor are pretty deluded as the what they want from me. I’m just terrified that my new partner might be made to take a loan. Can this happen??

  • spinit
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04 Jun 18 #502039 by spinit
Reply from spinit
It doesn't matter who's name the house is in or who paid for the mortgage, the property is matrimonial property and both yourself and your husband need housing which is presumably where the £100k comes up.

I suspect your new partner has been bought into this because he is now living in or is preparing to live in what is your matrimonial home that you and your husband own.

Normally if your husband is able to house himself and there is no possibility to immediately downsize and release some equity to give him, the courts would create a "mesher" order whereby at some future date maybe your youngest turning 18 you would be required to sell the property and give your husband 50% or whatever was agreed of the proceeds.

How this plays out will largely depend on the capacity of your husband to raise his own mortgage or pay his own rent but the reality is all you will be doing if you don't pay him cash today is delaying the inevitable, which is probably why he is lawyered up.

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