STBXH taking out loan using my address. Can he do this?

[BuffyFairy]

My STBXH has taken out another loan using my address. This is the 2nd loan since we separated. He moved out late 2016. The other loan was taken out last year. He has yet to change the address on that one despite claiming it was an accident and assuring me he'd change it.

I stayed in the family home. He is named on the mortgage and contributes something towards it.

Given that he is on the mortgage, is he allowed to use my address for credit? Or is it fraud as he hasn't live here for 2.5 years?

For obvious reasons I would rather he didn't use my address for his credit. Things aren't exactly amicable and I want to check before I go to his solicitor. Google suggests it is fraud but I can't find an example where the ex partner is still on the mortgage.

TIA for any help. I wasn't sure if I'd be best posting here or in money matters...

[ScreamScreamIceCream]

If his name is still on the property yes he can.

As you are going through a divorce you should not open any of his letters but put "Return to sender, not known at this address". Then post every single one back in the post regardless of whether it is a bank statement or junk mail. The better financial institutions will then realise that is not his address so will either then write to "whom to it may concern" and ask where he is, or phone him and ask.

If you weren't getting a divorce I would say open the letters, phone them up and tell them but as some partners have been told off by judges for looking at their spouses post in divorce proceedings and using the information don't risk it. This because you can open any post delivered to your house but cannot do so if it's for financial gain.

[BuffyFairy]

Thank you ScreamScreamIceCream for the advice.

[Stuckforthefourthtime]

ScreamScreamIceCream is that definitely correct? I'm no specialist here, but usually loans are made on the basis of your residential address and not on properties you own. I also know that in the past we have owned a property but been living in a different address, and had to apply for credit using the address we were currently living at and not the owned property.

I also know that there is a lot of well intended but incorrect legal 'advice' that gets given out on Mumsnet.
Definitely still go to his solicitor.

[m0vinf0rward]

If he part owns that asset ( the home) he is entitled to secure loans against it. Sorry, but you can't stop this from happening, which is why final financial orders upon divorce are critical.

[NotBeingRobbed]

This is why marriage is such a terrible arrangement. The other party can contribute little then squander your life savings and until you get the financial settlement there is nothing you can do. It’s legalised financial abuse.

[BuffyFairy]

Thank you all for the comments.

I was afraid that as he part owns the asset he would be able to use that for loans. I’m not in the habit of opening his post. I’d rather his debts weren’t linked to my address and I’m rather fed up of being a post service! The return address makes it rather clear and I can read the first line through the envelope window.

It looks like we’ll be going to court to thrash out a financial agreement. He threw his toys out of the pram and went back on the mediation agreement as I was pushing for nominal spousal maintenance. He earns almost twice as much as me, we have 2 small children one of whom has ASD and dyspraxia and can’t tolerate standard child care. It doesn’t put me on a level playing field career wise.

He’s also stopped paying half of the school fees which was part of the mediation agreement (child with SEN needs very small class sizes, other child in state primary) because I wouldn’t do exactly as he wanted. It’s his standard threat that he’s followed through on before. He’s ignored the fact he needs to remove himself from the school contract and give a terms notice. Obviously he’s done sod all to find a state school place that will meet her needs without an EHCP (which is another fight I need to do).

Well that turned into a rant! I’m just so fed up of his financial hold over me and that he holds me to ransom. If I push back on anything he reduces payments.

[BuffyFairy]

Rant was quite therapeutic!

[Palaver1]

It’s not a small job finding a good school for your SEN child you need to be on the ball and out and about on this one .I can’t see how you would expect him to do this without your input.
You need that EHCP

[BuffyFairy]

I agree Palaver1, I’ve been doing a lot of research into it.

My comment was out of frustration that he’s stopped paying school fees with less than 1 month notice to me and stated she can just go to a state school. Like it’s that easy to move her. He hasn’t got a clue and I know it will all fall to me to sort out.

She’s had a fantastic year at her current school, new headmaster is great regarding SEN and her teacher has been fantastic in both giving evidence needed for assessment and putting support in place for her. DD has made huge strides academically and, most importantly, is much happier at school now.

Like I said, the rant was therapeutic...but of course I will be pulling on my big girl pants and continue my pursuit to get her the best support possible.