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If you are divorced can you take your ex husband to the small claims court ?

(7 Posts)
Pisssssedofff Fri 03-Jun-16 12:58:00

The financials haven't been sorted yet but we are absolutely not married any more.
He basically wants me to pay the shortfall on the mortgage of a property we rent out, pay all repairs, decoration, legal stuff like the gas safety inspections etc but he still wants a % of the proceeds. Can I get a ccj for his share ? I'm never going to see it otherwise he already owes me thousands I've had to write off.

Andrewofgg Fri 03-Jun-16 13:42:30

If the financials are ongoing the County Court will leave these claims to be sorted out in the divorce financial proceedings. Sorry - no short cuts.

Pisssssedofff Fri 03-Jun-16 13:48:11

Ok thank you. I assume afterwards though anything that builds up I could claim for ?

Andrewofgg Fri 03-Jun-16 13:50:39

The court will want an order which settles all liabilities both ways. If he fails to honour any ongoing obligations then that can be enforced (to the limited extent that any debt can be enforced) without a ccj.

Pisssssedofff Fri 03-Jun-16 13:53:23

So the long and the short of it is that he can keep running up these debts until it gets to court .... He's been doing this for three years I am thousands out of pocket, csn that be deducted from his share of any proceeds of the marriage ? Thanks again

Andrewofgg Fri 03-Jun-16 17:22:13

In principle yes, but you need a clean break order, don't you?

Pisssssedofff Fri 03-Jun-16 17:34:57

I'm trying to get a 70/30 split and then things will even up but the reality is if he doesn't pay his share of the mortgage until it's sold the house will be repossessed and nobody will get anything. It just seems a bit rich he can contribute nothing since 2009, wash his hands completely in 2014 and now demand a share at all tbh

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