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Divorce process, him racking up debt(7 Posts)
So I applied for a divorce almost two weeks ago. I’m still yet to hear if he has agreed or contested it through my solicitor. Things aren’t amicable at all so I won’t ask him.
He’s not been helping me with any of the bills and didn’t pay the mortgage this month. I had to beg him for help as I am on unpaid maternity leave and he finally gave me half towards the mortgage and said to send him a list of food and he would go and buy it. He missed several items off the list he didn’t think I needed such as shower gel and foil?! I have spoken to the mortgage lender who say they will do affordability checks to ensure he mortgage gets paid. He said he doesn’t care about his credit rating so won’t pay the whole mortgage. He has only agreed to half. I am willing to sell the house but not right now whilst in maternity leave. I have asked him to allow me until January. He’s been gone 6 weeks.
I have information that he’s been looking at 50k cars and applied for a loan through his bank which thankfully was declined. He has just recently applied for a 0% balance transfer credit card which has been accepted.
As part of the divorce my solicitor has advised I apply for maintenance pending suit to cover my legal fees. It won’t cover he mortgage or bills aspect.
I am terrified he is trying to get into debt to show he has no spare money to pay mortgage or for legal fees?!
Any advice please as I am at a loss. Can I ring the bank? Will this affect me as I am still his spouse?
Any help would be welcomed please 🙏
You are on unpaid maternity. Can you cut that short and go back to work sooner? I know it isn't ideal but January is a long way off. Talk to your manager about your situation.
Have you applied for child benefit and universal credit? If not do it now.
Do you just have one child or are there older children?
Where is he living? What does he earn? If he is paying a lot of rent he may not be able to afford all the mortgage too and is only liable for half if the house is in joint names.
As part of the divorce you will be expected to show how you are trying to cut as many costs as possible. So make sure you go online and see what benefits you are entitled to currently (also a good idea to put in details of expected future situation just so you have an idea of what things could change to and to show you are doing serious research).
I don’t know how old your child is but I would think that unpaid maternity wouldn’t be favourable in this process so I would investigate your options with your employer there too.
Frankly, it’s not your problem if he is going into debt. However I realise that as your credit score will have him as a financial tie, you’ll do well to try and attempt to be amicable on that side.
I have put in a claim for benefits which I will get next week, claim for child maintenance won’t be paid until 1 November, he left 5 August so he’s got away with paying anything for 3 months. Have spoken to work and aim to go back November now
He’s living at his parents and I guess he will claim he’s paying rent but who knows. He earns 56k
I have cut all bills I can I.e cancelled house covers such as critical illness, death cover. Have applied for council tax reduction, a water meter, asked to be put in an assured tariff. I have done all this in 6 weeks! I’m doing all I can while conscious he’s racking up debt and not contributing towards bills, food or mortgage.
Going back to work sooner is going to be the best thing you can do. You have made sensible cut backs and the maintenance pending suit is the way to get spousal support if he earns more - in my case I earned a lto more than him so everything was reversed - ouch. You could may be aply to make the mortgage interest only. Work out also if you can afford to stay in the house with your full time salary, child benefit and any maintenance he may pay you and the child. If not then you may have to sell it.
Make sure any joint credit cards are cancelled and he cannot clean out any joint accounts. Have a discussion with your solicitor about what kind of financial settlement you and he might reasonably agree so you do not spend any money you both have on a year of court litigation.
Your concern here is whether his debt is joint or not.
Document the leaving date / seperation date and argue that any debt after that is his alone.
Also contact ratings agencies and ask them to seperation you from him.
That adds extra weight to your argument that his spending is his alone.
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