Handy hints for separating couples

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There are many issues to consider
when you first separate.
However, of greatest importance and
something which should be considered
in the first instance is this: Most couples
when buying their home buy it as joint
tenants.

Most of my clients when asked
don’t even realise this. The consequence is
that when one dies the other automatically
inherits the entire house. This is the case
even if you make a will stating otherwise.
To avoid this you need to sever the
joint tenancy. This is a straightforward
procedure. It means that you then each
own a share of the house which you can
leave to family members other than your
spouse/civil partner.

If you are going to do this you
must also at the same time make a will
excluding your spouse, otherwise they
would automatically inherit your estate in
any event as your next of kin.

These are issues which should be
considered as soon as it becomes evident
that you and your spouse/civil partner
have decided to permanently separate.

The whole idea of making your new
will is to protect your share of the house.
In many cases clients will choose to leave
their share of the house to their children
or their parents. You should sign a separate
document at the same time as executing
your will explaining that you do not wish
to leave your estate to your spouse. This
makes your intentions clear and would
be taken into account by the court if
your spouse/civil partner challenged your
estate. They are likely to do this prior to
a final financial settlement being reached
between you upon divorce/dissolution.

Many couples will have joint bank
accounts. This is fine whilst you are still in
a relationship. However, after separation
one party may remove large sums of
money from a joint account which could
leave the other struggling financially.
Under the circumstances it would be
better for you to discuss the matter and
agree that each can take a certain amount
from the account. This would be pending
a final financial settlement. Thereafter
the account should be frozen so that no
further monies can be removed until a
settlement has been reached.

In some cases one party will cause
a joint account to become overdrawn.
Unfortunately the other party is just as
liable to pay back the debt to the bank.
If you think that there is any danger of
this happening ask the bank to freeze the
account. Advise them in writing (and keep
a copy of the letter) that no further funds
are to be removed.

Finally, don’t forget to inform the
council tax department that your partner
is no longer living with you. If you are
the only adult left in the house you will
be entitled to the single persons discount.

Jacqueline Emmerson
emmersons solicitors
www.emmersons-solicitors.co.uk

 

“Where did it all go wrong?”

Share | Those were the words of Christina who came to see us recently. Her husband had told her that their marriage was over and that he was leaving her. She had thought that they had a strong relationship and she was very happy. Roger however, had told her that he had been unhappy for a long time.


Christina did not know where to start, she did not know where she stood legally and she now sought legal advice.Christmas can be a very stressful time for people if their relationship is already difficult. Often a couple will find themselves together for nearly two weeks when usually they do not spend much time together at all. This can exacerbate problems. In some cases one person has been having an affair and they decide to leave after Christmas. January and February are the busiest months for divorce lawyers.

If you find yourself in Christina or Roger’s position do not panic. It may be that relationship counselling will work for you as a couple. If however, you have concluded that your marriage or relationship cannot be saved then seek initial advice. We have included a list on the family pages of our web site (emmersons-solicitors.co.uk) which is designed to help you. Your solicitor will need basic financial information from you in order to give you advice in relation to a financial settlement. Different rules apply depending upon whether you are married, in a civil partnership or cohabiting.

Many people come to see us thinking that everything has to be sorted out immediately. This is a normal reaction to what is often a huge shock. My advice would be to seek initial information from a solicitor so that you will have an overview of your position. Then consider giving yourself some thinking time. If your spouse or partner is demanding that you leave the house or that the house be sold this does not have to happen today or even this week. The decisions you make now could have long term consequences. As a solicitor I see my job as being to help a client plan as far ahead as possible. Eg. What will your pension provision look like ten years from now?

If you want to know where you stand legally see a solicitor before you make any decisions especially in relation to leaving your home.

Life is a maze-sometimes you need help to get through it.

Jacqueline Emmerson
Senior Partner