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Legal matters

xhtb can't pay mortgage

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MayDivorceBeWithYou · 27/05/2015 16:52

I might put this in divorce but wasn't sure if this was better.

I have a solicitor but she doesn't seem very forthcoming, just doing step by step in the process, so hoping I might get a better idea of where my options might go or best way forward.

This is complex so will try not to waffle.

Separated last year. Jointly own house. Xhtb wouldn't leave after ending marriage, thought we could just co-habit. He's a bully, so I couldn't do that to me and our son. I'd gone to family just temporarily in which time he changed the locks.

Upshot is I ended up having to rent a house nearby and he's in the former marital home. Until now he's been paying mortgage (as I'm paying rent and housing our child.)

He has his own business but isn't really making any money and needs a steady income too. He has however quit both his normal job and then the one he miraculously found afterwards.

Last week he put pressure on me to authorise the mortgage provider to use our over payment reserve and I have had to do this to protect my credit file.

He's not complying with the divorce he started. I'm n ow having to apply to strike his out and divorce him.

I don't think he will acknowledge any of it and might not agree to divorce now, as he doesn't want to spend money on it.

I could pay mortgage but not both rent and mortgage. I am looking into transfer of equity and whether this would be an option for me, but even if possible not sure he'd agree.

We have six months of overpayments to use starting next week. I feel like although I am protecting my credit file, I'm effectively paying for him to stay in the house whilst I am renting with no credible way of him buying me out.

He appears to want to do nothing about our finances at all anymore.

Any thoughts or advice from anyone? I think we're looking to get timetable from the court but not sure what they will/can do or if this will mean we just lose the house as it won't get resolved fast enough.

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