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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.

Original poster

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

OP posts:
fastdaytears · 15/11/2015 19:13

It's really unlikely that they would be left outstanding when dividing up the assets, unless you were taking joint responsibility for them. You need to get proper advice.

wreckingball · 15/11/2015 19:15

If the house is in joint names he can't force a sale until your children are 18.
They have to be housed and he can't make you sell but when they are 18 he can make a claim on it, your best bet is to get legal advice.

Original poster
Newbrummie · 15/11/2015 19:19

It's not in joint names.
The debts are so it sounds as though I have to clear everything ? In which case I'd better get mine all listed too then. I just planned to tackle them out of income when I eventually have one rather than the only capital I'm ever likely to see

OP posts:
fastdaytears · 15/11/2015 19:20

Yes you both need to list your debts.

Original poster
Newbrummie · 15/11/2015 19:22

I don't care about the debts though, the other thing I was thinking was to refuse to let the house get sold then he will have to start paying his out of his income thus reducing what he can try and take out of the house ?

OP posts:
fastdaytears · 15/11/2015 19:24

Whose name is the house in?

The debts are relevant, I understand why you don't want them to be but they are.

Original poster
Newbrummie · 15/11/2015 19:24

His

OP posts:
Original poster
Newbrummie · 15/11/2015 19:25

What about his debt to me and the kids, a year of working cash in hand to duck child support, gave his car to a mate so I couldn't have it, all this appalling behaviour seems to count for nothing

OP posts:
verystressedmum · 15/11/2015 19:34

When did he get those debts? If it was after you separated I'd be making sure I wasn't liable for those debts.

fastdaytears · 15/11/2015 19:40

I think the debts are several years old so presumably pre-separation.

OP, if you were going for proper financial disclosure than those things would be taken into account too.

Original poster
Newbrummie · 15/11/2015 19:45

They are pre seperation ... Really will it that's some thing at least

OP posts:
ALaughAMinute · 15/11/2015 19:51

Are they his debts? How old are your children? You might be able to stay in the house until they are 18 but you won't know until you get legal advice.

Original poster
Newbrummie · 15/11/2015 20:08

They are his debts but during the marriage. I don't want to stay in the house, I want the money out of it to buy a house in my name, this one is in his

OP posts:
Original poster
Newbrummie · 15/11/2015 20:13

Sorry if this is a dumb question but if I sit tight and do nothing and a share is agreed and all, my youngest is 5 .... Could I make him wait ? Surely he'll just bloody have to pay his debts in the meantime ?

OP posts:
lighteningirl · 15/11/2015 20:17

you need to see a solicitor

mummytime · 15/11/2015 20:19

Go and talk to a solicitor!

Original poster
Newbrummie · 15/11/2015 20:22

Ok I've just found them so vague and non committal in the past, the last one I spoke to said the house isn't in your name stop paying the mortgage, how does that help anyone

OP posts:
AngelSparks · 15/11/2015 20:22

I think you will have to get some legal advice - try not to panic too much, I know thats easier said than done, but I wish you best of luck xx

NoSquirrels · 15/11/2015 20:35

If you don't see a solicitor, now, you risk the house getting taken from you (forced sale) if the creditors see that you and/or your ex have an asset which could be liquidated to pay what they are owed. You can't just ignore debts and assume it will be OK. It's shit but there you are. That goes for both of you.

You need to see a solicitor armed with a list of questions. List your debts, your needs, the assets of the marriage and go from there.

MisForMumNotMaid · 15/11/2015 20:43

Youneed to get your interest in the house registerd asap

Original poster
Newbrummie · 15/11/2015 21:12

I've done that a couple of years ago .... I would agree but the creditors haven't been in touch for two years nor are they in this country so that all seems pretty unlikely tbh

OP posts:
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