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Please help... divorce is a train wreck... worried how to keep it moving forwards if husband abandons process

(7 Posts)
nosha123 Tue 28-Apr-20 11:32:02

Hi Everyone. Im reaching out for any advice anyone can give. There is a lot of background story but in an effort to try to keep this post short - I'll only go in to more detail if required... (otherwise I'll be here writing an essay forever!)
Husband has stopped paying mortgage on FMH
I am in talks with bank to get 3 month covid19 payment holiday but thereafter am considering taking out a loan to meet his shortfall.
I live in rented. moved out due to violence. He remains in our house.
He has attempted (badly) suicide twice (allegedly). But more probably a cry for help/attention.
He claims to be depressed due to divorce process, but allegedly is NOT on any meds (despite recent suicide attempt ending at A&E)
He is now implying he intends to run away. Abroad. And leave the house empty. and just go.

HOW do I get divorced.. sell the house... end this marriage.. if he runs away.

he has committed fraud and stolen VAT money. and borrowed from family members to live the high life, yet not paid mortgage in months.

This is an utter train wreck. But I can ONLY pay the mortgage for a limited time before repossession starts.

how do I force sale of house if he has done a runner and absconded.
how do I continue with the divorce if he runs away

do I move back in to the house? And hope he doesn't turn up? (he tried to throw me down the stairs on the day I left)

Im resisting his attempts at email communication at the moment. Because silence seems to be the best response.
But I am scared

Any legal eagles out there who can offer any advice?
I am currently self representing to save some money.. but will re-engage my lawyers prior to Final Hearing (by which time he may be gone)

OP’s posts: |
nosha123 Tue 28-Apr-20 11:57:10

any advice welcome... not just legal...

OP’s posts: |
merryhouse Tue 28-Apr-20 13:01:53

What would happen if you didn't pay the mortgage and allowed a repossession?

I have no experience or expertise you understand. I don't know what impact it would have on your credit score, for example. It just occurred to me that if the house were repossessed you wouldn't have to do anything to force a sale.

Are you liable for any of his debts over the VAT fraud?

nosha123 Tue 28-Apr-20 13:16:57

thank you for taking the time to read and reply.
1) I wish to avoid repo if at all possible.. but... if I do not pay my share of mortgage and he refuses to pay his I can imagine its only a matter of months and house will be auctioned off. My mortgage broker has said my credit rating will be affected for 3-6 years. Unlikely I will get a mortgage AT ALL for 3 years. Thereafter it will be pricey.

2) No I am not liable for his VAT debts and fraud as I resigned as a Director of his business just prior to him doing it and no longer had access to the banking or the accounts. PHEW. Near miss there!

OP’s posts: |
CayrolBaaaskin Tue 28-Apr-20 13:24:03

Maybe stating the obvious but why don’t you ask a solicitor? I think with domestic violence you should be entitled to legal aid. You could probably easily do an action for sale - especially if he has abandoned the property. But ask your solicitor.

nosha123 Tue 28-Apr-20 13:25:23

ive got a tel call booked with sols tomorrow afternoon although they are not acting for me at moment as I am self representing.. but thank you
x

OP’s posts: |
LemmysAceCard Mon 04-May-20 21:41:49

You can sell the house and divorce him without his signature.

For divorce, if he ran away, you could leave it for 2 years separation and then try to find him, some people hire a private detective and if you cant find him and can prove that you have tried everything (hence the private detective) the judge can sign off for the divorce, they dont need his consent.

AS for the house, you can apply to have the house sold again without his input, but you would have to go to court for this and a judge can sign the papers, this is costly though, you would have to go through solicitors first. I am not 100% sure how it would happen if you couldnt find him a solicitor would be able to tell you for certain.

Good luck

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