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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Help & Advice re divorce and debt.

2 replies

hannahsmith2499 · 22/01/2014 11:41

Hi was hoping someone may be able to advise me.

I have one young child with my husband who I have been with since I was 22. After 10 years of a very unhappy marriage due to my husbands aggression, chasing other women, serious gambling of thousands of pounds, and general dishonesty, we have separated, hurray! We have been living separately for approx. 1 year. However I am struggling with 2 issues:

Divorce - My husband acknowledges that he has been in the wrong, and agrees I can have everything - which isn't much money wise, but furniture and the dog, and have an agreement on childcare which is working well. I have downloaded the forms on the direct.gov website. Do I just fill them in and send them off? I see there is a £410 fee. Will he have to pay that aswell, or just me because im starting the process?

Debt - My husbands gambling has left in in thousands and thousands of unsecured debt in his name, which he just ignores. He is still named on my mortgage. One debt collection company has taken him to court and put a charge on the mortgage which allows them to take his half of the equity when I sell the house.

I am currently paying the mortgage by myself. I pay interest only, as any capital paid off now, half will go to the debt collection agency. However there is very little in equity anyway, just a few thousand.

I cant get him off the mortgage because I cant get a mortgage on my own, being a full time student, and only very part time employed.

So he's sat there on my mortgage, legally attached to me, while ignoring all his £50k plus debt, and Im scared.

I don't want to move house, as it is my sons home aswell as mine. But I don't know what to do :(

I am currently just informing all debt collection agencies of his forwarding address.

Please help :(

I cant really afford a solicitor at present so Im trying to get by without.

Thank You.

OP posts:
Minime85 · 22/01/2014 20:56

really sorry I dont have much helpful advice other than I would suggest getting to your local CAB office for an appointment as soon as u can.

RandomMess · 22/01/2014 20:59

Whilst you are paying the mortgage the bank/build soc are unlikely to force sale of the house. His name on the mortgage isn't an issue at the moment, just means he is still liable for the debt.

Can you afford the mortgage payments on your own?

If you were in rented accommodation would you get any housing benefit?

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