Joint Accounts, Divorce & Child Maintenance

[RuthieB]

Hi, can anybody help me please. My husband and I have recently separated. We have a small baby. He is currently paying all the bills from our joint bank account whilst I remain in the house with the baby. He is the sole income provider into that account. When we divorce, and the house is sold, will the money he has already paid in bills be taken off my child maintenance settlement? Or, as the account is in joint names, does this mean that all income into that account is jointly owned? I'm worried that by staying in the house, I am reducing my chances of affording a new mortgage on my own, as his maintenance may be reduced. Thanks

[lady_p_gold]

First of all don't panic. If you are considering a divorce then you must get some legal advice. If he is covering the mortgage now, the chances are he will have to continue paying the mortgage and you will be able to remain in the house with the baby, unless you want to sell it. If that is the case, and not sure how much equity there is, your housing needs for you and the baby will be paramount and you may well be awarded a larger proportion of the equity plus some maintenance. So stay put is my advice and get off to the CAB or a lawyer. Forget any bills he has paid, at the end of the day, all your assets and debts are one big joint thing and that is what will be taken into consideration.

[homerthegrea]

Hi, now do not take this the wrong way but if i were you i would be looking for a job, as he no longer lives in the home he is not obliged to pay the bills for that house - you are. Also since he is the sole wage earner there is nothing stopping him from setting up a new bank account and to get his pay put into the new account, then where does that leave you. As i say don't take this the wrong way it's just a peice of sensible advice. Also never mind the CAB get a lawyer.

[lady_p_gold]

Well the situation is that you will have to draw up a list of your financial needs, and that will include the bills and your living expenses will be taken into account when an order is made for maintenance. Even if he set up a new bank account it wouldn't make any difference he would be obliged to list the bank account and his wages as his income and that would be what they would look at. Lawyers are expensive but they can save you a lot in the end. There is also his pension which you are entitled to a share of. So what you need is to go along to the lawyer and get the maintenance he is paying you set down in writing before you commence any divorce.