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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.

Ex plans to sell the house to pay debts

46 replies

Newbrummie · 15/11/2015 17:04

Which is all very well but I need to house the children. After debts have been paid I'd be lucky to have a deposit and first months rent. These debts aren't even in the UK so hardly pressing or impacting our lives.
He drew up a separation agreement then refused to have it documented with a solicitor as there was no need - can't believe I fell for that. The house would have been repossessed years ago if it was left to him he basically washed his hands of it, now I've kept the wolf from the door he wants the money from it to start afresh, but what about the children who are 100% in my care? With the £40,000ish equity I might be able to raise the rest of the mortgage, starting again at 40 but without it I haven't got a prayer. I've had to go back to university as the career I left 15 years ago to raise our kids isn't family friendly and now he's making out in a lazy bitch because I'm not working. He hasn't had a job in over a year hence these debts.
He wants a form E .... I don't see what there is to discuss tbh

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ThisIsStartingToBoreMe · 15/11/2015 17:42

Ex what?

ThisIsStartingToBoreMe · 15/11/2015 17:43

I mean, is he your ex husband? If he is, then how the finances are divided up isn't up to him. Either you agree it between you, or the court decides.

AngelSparks · 15/11/2015 17:44

Can you buy him out?

honeysucklejasmine · 15/11/2015 17:45

^^ This. If you were married then he can say what he wants but it isn't going to happen. Your contribution to the household (I.e. child rearing) will be recognised by the courts.

Newbrummie · 15/11/2015 18:06

No I can't buy him out, I need 100% of the little equity left or I'm stuffed. We were married for 10 years, 3 children youngest is 5

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Fidelia · 15/11/2015 18:40

This reply has been deleted

Message withdrawn at poster's request.

AngelSparks · 15/11/2015 18:50

I don't know how it works but Id sit tight and not sell if you can

Make him go to court if that's possible

Newbrummie · 15/11/2015 18:52

He does have a pension and agreed to 50% of the totally amount plus 100% of the capital from the house, now it's all turned to shit

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Newbrummie · 15/11/2015 18:52

Thing is I'm paying the bloody mortgage and the arrears so sitting tight just means the only person gaining really is him

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wickedwaterwitch · 15/11/2015 18:53

You need a solicitor - it's not his decision

Newbrummie · 15/11/2015 18:53

And of course he's contributing nothing towards the maintenance of the property and I've spent thousands in the last year alone

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Newbrummie · 15/11/2015 18:56

I can't really afford one unless it's absolutely essential, I really hoped to avoid solicitors altogether

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SuperFlyHigh · 15/11/2015 18:59

Can you rent a room or 2 if you can?

My mum years ago when she got the family home had to rent rooms out (top half of house apart from bathroom) got a guarantor mortgage from the DH of a friend of hers (I think he saw it as an investment should things not work out) it was a pain but saved her and Us kids being homeless.

SuperFlyHigh · 15/11/2015 19:01

I worked for a solicitors but didn't come across this one... I'd say at least speak over the phone to one, explain your money problems and say if you have to go to court so be it. M

Some kinder family solicitors will see you for half an hour or 1 hour free chat or charge approx £90 for that time.

SuperFlyHigh · 15/11/2015 19:02

Hmm if you have receipts for the maintenance get those out. Unsure whether they'd count.

SuperFlyHigh · 15/11/2015 19:03

Again reading your post you really need legal advice re his debts etc... And what agreement you could or should come to.

Newbrummie · 15/11/2015 19:05

It's the mortgage I won't get, I can and am affording to pay it but I wouldn't get one, I'm a full time student

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Newbrummie · 15/11/2015 19:05

Effectively though whilst in in the house all I'm doing is safe guarding his investment whilst he pays no child support, nothing

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SuperFlyHigh · 15/11/2015 19:05

Look into a guarantor. Doesn't have to be parents.

WavingNotDrowning · 15/11/2015 19:05

This reply has been deleted

Message withdrawn at poster's request.

fastdaytears · 15/11/2015 19:07

Well the debts will need to be paid. I don't think I understand what you're suggesting.

Filling out Form E isn't such a bad thing, even if it's just to show him that there is my much to go around.

SuperFlyHigh · 15/11/2015 19:07

I don't know how this relates (my mums case was 40 years ago) but she opted for no support cash wise either and my dad agreed to that. She divorced him then on unreasonable behaviour grounds (he was an alcoholic).

Of course the law has changed significantly since then.

tattychicken · 15/11/2015 19:09

You can't afford not to see a solicitor. Just bite the bullet, ask around for recommendations, and make an appointment.

Newbrummie · 15/11/2015 19:11

The debts don't have to be paid - he hadn't touched them for the past three years when it didn't suit him, tbh they just aren't a priority they can be managed when he gets a bloody job

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Newbrummie · 15/11/2015 19:13

I just think he needs to come to an arrangement with his creditors and leave the house out of it, nobody is chasing him for money

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