Joint Debts

[alanon]

My wife (soon to be ex) and I have joint financial commitments this month, after e-mailing her the same agreed breakdown as last month (which we both honoured) she refuses to answer my e-mail to confirm that she will be paying in. I was plannin to rent the jointly owned property untill It could get transferred in my name and informed her of my plans to rent to ease the financial burden on us both. she then made it clear she was unhappy about this and after a few "under scots law" quotes she has refused to communicate with me forcing me to now state that I am still in the house with "supportive friends" staying. this is probably why the freeze out as she suspects I am receiving rent which I am not, anyway 2 questions:

should my supportive friends gift me something then does she need to know about it?

If I can evidence I am paying my obligations into the joint account and she does not will my credit rating be affected?

Thanks all, your answers and both Informative and supportive at this difficult and tender time

[brunods]

If she can prove your friends are paying you then you can be in trouble. Proof would be either by statement of your friends or by monthly bank transfer / deposits from them.

Gifts to help out are allowed and not necessarily considered rent. Besides, you couldn't be renting the place without a contract, etc etc... Just make sure you get the payments in cash and your friends won't tell her they paid and how much. It is a risky situation if she opens a complaint... illegal rent ouch.. :-)

Now for the best part:
What happens when she does not pay her share?
This might entitle you to 100% of the property and any other goods included in the settlement and your ex losing all her rights for not keeping up with her obligations towards the debts.
You'll get the right to take 100% of the assets and debts but if you don't want it she'll have eventually to pay her share, to you. Unfortunately because it is joint you have to pay her share if she fails and then the court will settle that she has to pay you her part.

I hope this helped clear your mind. I would meet her face to face, at the place and have her meet the people who are staying then have a friendly discussion with everyone together about payments. I guess friends would be willing to help and she'd be willing to accept if is can be deducted from her share? :-)

Regards!

[alanon]

great reply!!

mad thing is she does not want to be in the house, wants off as soon as, knows that my "Friends" are helping out but wont agree to letting them "help" without a contract of some sort!! absolutely nuts as I could have simply told her I am still living alone (as she gave me her keys) and be cashing in on this!

she keeps saying "What if something goes wrong" but tried explaining that if something goes wrong I am equally in bother but she just cant see past herself in the whole thing

[brunods]

Ahhhh ok then her problem is renting the place without a contract. That shouldn't be a problem if you are doing it with people who are REALLY friends. Doing this with others might get you in trouble.

Optionally you can ask a local real estate agency to handle the situation, inform you about how everything works and do the contracts. Usually they have a service for that and if it will end the dispute then great. :-)