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in this debt/divorce/rock-hard place situation?

2 replies

pamplemousse · 04/05/2012 23:17

Don't want to go into all the ins and outs (but think I have having re read, sorry) but exdh and i own a house which is currently on the market. When it sells for a ridiculously low price I will pay off the mortgage. Theoretically I have some money in the house, I put down a deposit and it is written into something legal that I get my money back. However we also have joint debts. Most of which are in my name. (I know I am stupid so please don't point this out!) Now, I think I would rather pay off debts with any remaining cash, so I will. He has said yes he accepts he is liable for half the rest but he doesn't pay me maintenance let alone any money towards the debts.
So... what can I do? He will accept he has the debts but does nothing, and legally I have no leg to stand on as they are in my name.
I think I have no choice but to take him to court for maintenance and possibly debt money, but am reluctant to do so as I know he is utterly useless and will default endlessly making our fairly amicable relationship much less amicable which will only end up upsetting dd.
Somebody talk some sense into me... please :(

OP posts:
oreocrumbs · 04/05/2012 23:26

Have you had legal advice? It might be worth posting this in the legal section as there are some lawyers in there.

But the point I wanted to make is that I was always lead to believe that if you are married you are both liable for the debt. I have far too many friends who get divorced, find out their ex had huge debts and are lumbered paying for them.

Simplistically I would expect the house to be sold, the debt paid, then any profit split. If there is no profit then you equally pay off the debt. I may well be wrong, so I think you really need to speak to a solicitor. Most give you a free half hour appointment, and they will tell you where best to go with the situation.

And he has to pay maintenence for DD. If you don't want to sell the house I think you are allowed to stay in it with DD,but again you would have to check.

pamplemousse · 04/05/2012 23:34

Thanks, much appreciated.
The mortgage is joint, but I have checked on the credit cards and as they are in my name they are my problem. Arse.
I will post this in legal too, many thanks for that idea :)

OP posts:
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