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Paying off the mortgage and overdraft without seeing the statements???(6 Posts)
After almost a year, ex and I are approaching being able to implement our financial settlement.
We went to the second hearing and settlement then, knowing that we had not had all of ex’s paperwork (he was difficult and obstructive), but with enough info to settle.
The settlement involves ex keeping a sum of money from the sale of a property, and some other bits of properties that he owns (either by himself or jointly with someone else), while I am staying in the family home. In order to do this I have to redeem the mortgage and give ex two lump sums - one this year and one next.
The mortgage and the first lump sum I can cover because a relative is buying me out of a property I own with them. Next year’s lump sum I will have to take out a mortgage for.
In order to redeem the mortgageon the family home, my solicitor has asked ex for copies of statements of the two relevant accounts - the mortgage account and the attached overdraft.
She has also asked ex to sign an authority allowing her to get the statements from the bank directly.
So - ex has sent her a copy of something which is so illegible we are not even sure what it is.
When she asked him to re-send it in a clearer format, he became shouty and rude in his emails.
My solicitor now thinks that he will not sign an authority allowing us to ask the bank for these statements.
My question is - can he actually do this - not provide these statements even though I will be paying off the entire mortgage and overdraft?
Also I am wondering what he is trying to hide?
Can I force his hand in any way?
I have never been party to ex’s financial dealings, and the house is currently in his name, so if we pay the sum without seeing the statements, I will rightly or wrongly feel duped?
and settled then, not and settlement then
You may end up having to go to court to Find out the financial status. If he’s not supplying it now and is getting shirty then it means he’s probably hiding something. In this situation it might be worth it going to court. This way he can’t pulk the wool over your eyes.
The bank would tell us the global figure we have to pay - I am just wondering if we should or need to see the statements as well? I too wonder what he is hiding.
Our court battle was stressful so the thought of starting that all up again - with the cost involved - is a bit depressing.
My question is, if there are any legal bods around, is there a way I can force H to disclose the statements - especially relating to the overdraft account, or am I supposed to pay it off blind as it were?
It feels like once again H is going to get one over on me .
I'd be worried he has increased the mortgage so you end up paying more than you should
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