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Going to a solicitor for advice

xrsteve2003's picture

Hi,
Been married for 3 years. I live in Ireland. My wife's English. She moved over here and brought her 27 year old son with her who was to live with us max of 1 year. I have no children but agreed to it. Oh dear what a disaster. Usual as from hell. Total layabout. Anyway 3 years on and he's still here but possibly leaving in a few months time to rent.
Problem is he has put a large wedge between us now. I'm not sure if i want to stay married or make a break. I discovered recently that she has told SS that we will give him £2500 out of our joint account to get him started without saying anything to me. Final straw. I'm going this week to see a solicitor to see how i would stand if i left. If i agree to give him money half would be coming out of my amount as it's a joint account. Advice please before i go mad.
Thanks
Steve

SMforever's picture

Go to the bank immediately and remove half the funds in the joint account and move them to a different bank in an account in just your name. As soon as wife gets wind of you leaving, she will do similar. If she is willing to spend your money without consulting you, then don't expect her to play fair. Protect your money first, then start the discussion about your differences.

I'd just tell her you are not prepared to foot the SS bills and so you have taken steps to ensure she doesn't bilk you.

I keep saying on here that later life marriages should be run with separate finances. The only joint funds should be equally contributed to for very specific purposes like groceries. Each party is responsible for their offspring. This should be a firm boundary feom the start.

It doesn't stop there. There should aslo be a firm and agreed understanding about each other's retirement preparation. I had a partner who,didn't give a scoobie about how much he needed to,save, and then he gave his son £90k out of the blue! Guess who got their marching orders. You are not wrong to feel the way you do.

xrsteve2003's picture

Thanks everyone for the replies. Money won't be given for a couple of months so have time to talk to the solicitor. I also discovered after we got married that we are paying part of her daughters mortgage! I just am not sure how I feel about her now after all this.

Dontfeedthetrolls's picture

Only one thing. Just moving money into a separate account doesn’t mean it’s safe. As long as your married unless you have some sort of prenuptial agreement money in one account is money that BOTH have rights to. Even more so if she can show that it was a JOINT account that you took money out of to move into your own account.

I’m not saying she’s right to do what she did but this is something that my SO is going through right now. We will NEVER have a joint account while his kids are minors because there are ways ex can work around and get what is what is considered my money if his name is on the account too. We will have a prenuptial agreement if we do get married to protect our own accounts. For instance I have a 401K that is completely mine and will only ever be mine since it is through my work. But if we get married then divorced he could still have a claim to it because marital assets are joint assets.

SMforever's picture

Only you know whether the purpose of the shared account has been agreed by both of you. If your wife has been paying her daughter's mortgage out of that account, without telling you, then a few frank questions need to be tabled. Do you not regularly check the outgoings of that account? Have you also got joint credit cards because she needs to be taken off those if you don't trust her. Do an audit of the spending now...there may be other surprises.

The reason to take half of the funds out now is so that she cannot continue to spend YOUR money. It may well be that in the event of a divorce, you have to declare the existence of all accounts, investments, pensions etc. and then have all of that subject to sharing. Not sure how it works in Ireland.

Since you married later in life, you should dig up records of what assets you already owned when you married her, because she should only benefit from any gain in value since the date of marriage.

You say you don't know how you feel about her...understandable, since by your account it would seem she "saw you coming" or perhaps, sadly, is just a financial cretin. Somehow, from her behaviour, I would tend to believe the first reason.

I suspect you may have put her on the house deed, trying to be a good husband. That may complicate any separation. Best to get your legal ducks pined up, and just deal with it according to the rules while avoiding huge confrontations.

xrsteve2003's picture

It's Northern Ireland . What i hope to do after talking to the solicitor is refuse to give ss this money and stop anymore money going to sd. Then that gives me grace to see how marriage goes although this may blow it up anyway.

xrsteve2003's picture

It's Northern Ireland . What i hope to do after talking to the solicitor is refuse to give ss this money and stop anymore money going to sd. Then that gives me grace to see how marriage goes although this may blow it up anyway.

CANYOUHELP's picture

Take nothing but cash from the bank when you leave, no checks of any sort to stop payment.

Rags's picture

First, Go take your half out of the account and open an account only in your name and put all of your income in that account only. If DW wants to give her waste of skin spawn her money... so be it. Do not contribute any money to her in any way. Pay your half of the bills directly to the service providers and inform DW that she has to do the same.

My condolences on a DW who is more interested in being married to her toxic spawn than to you.

xrsteve2003's picture

Been to the solicitor. He backed me 100% and says to do exactly as all you guys said. So come Monday I'm giving her it in writing and moving out for a couple of days. When she reads the note i wont be there for when it all kicks off. She can decide with SS how they want to proceed. It's either not giving SS this money or she funds it out of her half. Of course it could break marriage up but will keep you posted. Not looking forward to Monday. She is going to have a bad week Smile

xrsteve2003's picture

Been to the solicitor. He backed me 100% and says to do exactly as all you guys said. So come Monday I'm giving her it in writing and moving out for a couple of days. When she reads the note i wont be there for when it all kicks off. She can decide with SS how they want to proceed. It's either not giving SS this money or she funds it out of her half. Of course it could break marriage up but will keep you posted. Not looking forward to Monday. She is going to have a bad week Smile

SacrificialLamb's picture

Good luck Steve, best to you and try to enjoy your weekend. You are doing what needs to be done.

SugarSpice's picture

good for you! dont walk but run to get legal advice. you will be happy you did. for that large amount of money you should have been consulted.

your wife betrayed you and your joint finances.

i did this with dh and his skids.

you have my sympathies.

xrsteve2003's picture

Getting nervous now. Been getting on well today and then i think of what I'm doing on Monday. It's going to open such a bag of worms. I don't like hurting her. But then i think of my SS and sd taking my money.

ChiefGrownup's picture

You'll be fine. She didn't get nervous when she promised Lurch all that money. You. Will. Be. Fine.

SMforever's picture

Steve,
Brace yourself for some drama when she gets upset about being told in writing...when in fact you are doing the right thing to protect yourself. Best to avoid verbal jousting.

I would be a little concerned for you in that she has SS there to take her side. Protect your personal safety if you must go back in the house. It night be wise to anticipate trouble and take any genuine valuables with you when you temporarily leave. One scenario says you may not return for a while until you can legally get both of them out of your house.

Another scenario, the one where she prmises to change her ways, well, that may not be a success either, since she has already deceived you. How are you going to be able to trust her again?
Is this whole thing not a huge romance killer?

At your stage in life, you simply may not be able to,afford these leeches sucking your finances dry. It may be the only sensible choice.

You may know deep down this is the beginning of the end. It may be the best outcome to end it...it's just a matter of how you survive the drama. From personal experience, I would strongly recommend physically avoding someone who has been caught defrauding you. Women can throw punches too. Right now she thinks you are conned; don't mistake "getting on well right now" for actually sleeping with your potential enemy. Good luck.

xrsteve2003's picture

Hi, yes of course this is a romance killer. Had a 30 year old ss living with us since The day we got married. He has stirred trouble since the start. He's a real mummy's boy. Oh yes i know there will be trouble on Monday. That's why I'm leaving for a few days. She can discuss with SS and her family for a few days. It might be the end but so be it if it is. If it's not it will be hard coming back. Ss will be harder to live with then if he's not getting his money.

xrsteve2003's picture

Well it's Monday. I have moved out and left the letter for my wife. She should get it in less than an hour. I'm bricking it now. Not sure what the response will be tonight. Ss and her will have a good go at me anyway. Will report later if I'm not murdered or something!! Lol

ChiefGrownup's picture

Please don't get murdered! Now it is absolutely essential that you check in to give us updates so we know you are alive!

xrsteve2003's picture

Still here. Got an email from her to say how shocked and hurt with getting this letter. She says we will sort the money out so I'm not at a disadvantage. She thinks it's a good idea to live apart for a few days and see how we feel. Not really sure how i feel is the problem

ChiefGrownup's picture

What is she going to be doing with these few days off? Is your property protected, your bank accounts, any other assets?

I fear her immediate "few days apart" idea, instead of true grief and reaching out, is to her own advantage and some ducks will be in a row for her if not something more sinister. Be sure to keep her email. I wouldn't put it past to her to set up something in which you are framed for something such as domestic violence. That email should help prove she was not in a state of fear when you left.

Thanks for the update.

Aniki-Moderator's picture

^^THIS!! In those "few days" she could empty your house of all the valuables.

I know that leaving was OP's way to deal with the situation, but hope it doesn't come back to bite him.

SMforever's picture

Just as we predicted...SHE is shocked and hurt....how about the shock and hurt YOU felt when you discovered you had been paying her daughter's mortgage? Con artists often try to play victim when caught red handed.

Stay strong, Steve. Watch her actions, don't be sweet-talked. Of course she needs to strike a deal with you or she and the loafer will be out on the pavement. You are free now to make a clean break if your gut tells you this thing is not going to work.

Imagine your life with them gone back to England. What was it like before? Weigh the pro's and con's, make productive use of your little holiday away from them, and lay out Plan B for yourself in case you decide to call it quits. At least then you will have some momentum to carry through with your decision.

If you truly want to end it all fairly, then she should reimburse your portion of the funds that paid the mortgage, and then she should do the decent thing and take her baggage home...across the Irish Sea. No one deserves to be taken for a fool at our stage in life. Or used as an ATM.

xrsteve2003's picture

Got an email today to say she doesn't want to talk as she's so hurt on me walking out. We need to talk to see where we go from here. Don't think she will clear the house in the meantime.

Aniki-Moderator's picture

Don't be too sure. Hell hath no fury like a woman scorned.

11 years ago, my DH came home from work to find that his ex had stripped the house of all furniture and whatever she considered valuable: including faucets and light fixtures.

SMforever's picture

Steve,
After consulting a lawyer, presumably you know what your rights are. Did he give you advice about possession of the house, is it owned jointly or just yours, etc. we do not know all those facts.

As it stands, it appears she is choosing to sulk and play victim. She is not a victim, she has been outed and challenged, and she doesn't like it. This is not how a mature, honest adult responds if they expect an equal, fair, honest partnership. But you know this already. She may already in the past have used this type of manipulation and drama to get her way, but you tolerated it to keep the peace.

Now that you are calling her game, she is throwing her toys out of the pram.

So, you have some difficult decisions to make. Perhaps endure some more agonising wait for her to come around and deign you worthy of talking, if you cannot stand the thought of your marriage ending.

Or, if you were prepared all along to see this as the end, then you have to decisively move into self defense mode and lawyer up. Play hardball with the squatters. Especially the son. Your lawyer should advise as to what is legal, but you might want to operate by "possession is 9/10ths of the law." Depending on how strong your position is, i,e, how many assets have you signed over....like the house ownership...then you may need to be firm and move to have them legally evicted. If this is a grey area, then simply go to the house and get your valuables out. Then move to separate assets and put the house on the market.

It's all a matter of being decisive, and once you are, it's just a matter of doing.all the right things to save your financial future.

You still give hints of not having just gotten plain finished with her. When you get to that point, then the rest is just business.

ChiefGrownup's picture

Yes, what did the lawyer say?

I am very concerned about her refusing to talk and her actions of sort of warning you off the house and the phone makes me more and more suspicious of her immediately jumping to the "few days apart" option.

Has your lawyer advised you that you moving out can in some cases (many) be read by the courts that you have abandoned the property? Is that what you intended? The longer you stay away the more she can cement that legal position.

Personally I think most partners who intend to work it out would A) be devastated to learn they had hurt you so badly Dirol want to meet you at a quiet place to talk it over sooner rather that later. This whole "talk to the hand" and "stay the eff away from the house" response has me very concerned.

xrsteve2003's picture

Hi we are meeting tonight for a chat. The solicitor agreed with me totally. I told him i was moving out for a couple of days and he thought that was ok if we could not speak face to face. I'm a bit anxious about meeting her and hope i don't just give in. I think reading her emails she intends giving the as the money anyway. So will have to see what she says about who is paying for it. Will keep you posted.
Cheers
Steve

ChiefGrownup's picture

Thanks for the update and good luck tonight. Be sure to let us know how it goes.

xrsteve2003's picture

All sorted. She's agreed to pay back my half and we are opening separate accounts. Ss will be out in 3 months time. Hopefully all be be peaceful now. Thanks for all the advice.
Cheers
Steve

ChiefGrownup's picture

Fantastic! This worked out for you because you showed her a boundary and meant it. Keep that up!

SMforever's picture

Well done. Hopefully this has served to clear the air. If you are both able to bring honest communication to the relationship, with SS gone, it has a chance to,work. Stay vigilant though because actions speak louder than words.