Divorce & valuation of assets
Divorce & valuation of assets
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mon the fish

Original Poster:

1,570 posts

178 months

Wednesday 16th May 2018
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Hypothetical question - assume couple A are like most couples and technically insolvent i.e. mortgage debt outweighs value of all other assets (but not by much, lets say £20k).

I assume on divorcing, the debt would be split i.e. if husband was to remain in the house, ex-wife pays him £10k (her share of the debt) and goes her merry way?

The curveball is that there is a large inheritance coming to the husband soon - enough to clear the mortgage completely. When are assets/debts valued in terms of a divorce - when you separate, or when the divorce is finally granted after however long it takes?

mon the fish

Original Poster:

1,570 posts

178 months

Wednesday 16th May 2018
quotequote all
XFRFred said:
From what i understand, after going through a divorce, the main bread winner (assuming it's the man), will still be liable.
So if he were to come into extra funds, after the divorce, that were not mentioned during the divorce, and the ex wife gets a scent of it. She can go through the courts to claim upon it.
Thanks. She definitely knows about it, I just wondered whether delaying the acceptance of inheritance would mean it would/wouldn't be taken into account, as it's not technically in the bank of couple A yet

PurpleMoonlight

22,362 posts

187 months

Wednesday 16th May 2018
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Debts are personal and a divorce judge cannot absolved the debtors liability to pay the creditor.

The assets are valued at time of divorce not separation.


Marcellus

7,204 posts

249 months

Wednesday 16th May 2018
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As I understand it the party who is going to get the inheritance needs to negotiate a "clean break" settlement, in the short term it may cost them but then their inheritance can't be touched as neither party has the right to renegotiate the ordered settlement.

Not sure if this is still current but that was the situation 20 years ago.