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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.

Financial Disclosure - prove that ex has a girlfriend living with him

33 replies

Cmrmums80 · 28/03/2017 20:56

Today 18:29 Cmrmums80

Hello,

My husband left myself and our son for his affair partner (although denies that she was on the scene beforehand - ha), and he lived by himself for 6 months in a flat with her coming and going.

We are getting divorced.

He has now moved into a lovely town house, which is he is renting. The thing is he can in NO WAY afford to pay for that house and also pay half the mortgage for the family house and Child Maintenance.

We are in the process of starting the Financial Disclosure. THIS is where the problem is. I know deep down that he wants me to sell the house. He is going to tell the courts he cannot afford to live and therefore will need me to sell the house. Freeing up a lot of equity.

He is refusing to admit she is living with him, even though my son stays every other weekend and one night during the week, and she is always there. My son said there were New Home cards addressed to the both of them.

Any ideas of how to prove he has money on the side with his girlfriend, and it is NOT just his bank account which he uses for Rent and Bills??
He has more than enough money with both of them working.

OP posts:
reallyanotherone · 30/03/2017 20:07

I have heard if form e. Dh's ex requested details of my income etc for it. We'd only been going out a month or so but she knew i owned my house and had a good job.

The court said it was irrelevant.

In turn, she refused to admit her oh was living with her, despite her financials submitted to court clearly showing another adult living in the house (no single person council tax discount, no grocery bills at all, no petrol, no credit card spending). The court didn't even follow it up, and certainly didn't hold her for fraud.

Cmrmums80 · 31/03/2017 08:06

But was your husband trying to kick his ex out of the family home?

OP posts:
ShowMePotatoSalad · 31/03/2017 10:09

OP try to leave your child out of the divorce. Your response to me suggests you're aren't doing that. It sounds like you are happy that your son knows all the details of your separation. Not healthy.

reallyanotherone · 31/03/2017 11:53

But was your husband trying to kick his ex out of the family home?

What's that got to do with it? No he wasn't because he'd already been kicked out.

She asked him to go to his parents for the weekend so she could "have some space". By the saturday the locks were changed and the om was living there. He hasn't been allowed inside that house since that day.

Yet she still said there was no other adult in the house. And because dh was "housed", as in, wasn't homeless, because he was staying with his parents, she was awarded 90% of the house equity.

Form e is bollocks.

ComputerUserNumptyTwit · 31/03/2017 12:07

I agree, Show Me

Op, when your son says things like "before he left us", how do you respond? You need to be clear that your husband left you, not your son.

ComputerUserNumptyTwit · 31/03/2017 12:08

Sorry, posted to soon. You need to be clear that your husband left you, not your son even if that's how you feel.

Havingahorridtime · 31/03/2017 12:17

I always thought the mother stayed in the family home until the child is 18 or remarrys

Things must have changed since I supported a friend through a similar situation. She was told, by the courts, she could stay in the family home until her youngest child was 18 and then it must be sold and the equity split 50:50 with her exh. But she was not awarded any costs to help upkeep the mortgage payments as the courts said she was only entitled to child maintenance from Her exh and that he didn't need to contribute specifically towards the mortgage. She couldn't afford the mortgage on her own even with child maintenance so she had to sell up and rent a house.

mrssapphirebright · 31/03/2017 13:29

Yes, the only way anyone can stay in the family home is if they can afford it.

Its very unsettling too as situations change. A friend of mine (male) got divorced a few years back, exw and dc stayed in the martial home as they could afford to with tax credits and child maintenance. friend was made unemployed and couldn't pay maintenance a year ago so exw had to sell the house in the end.

Be careful OP as even if you are allowed to stay in the marital home, the courts will set a time limit on that - this is all under the 'clean break' drivers for divorced couples to be as financially separate as soon as possible. Its likely that you staying in the FMH would be until your youngest is 18 or unless you re-marry or cohabit for more than 6 months. My dh is getting hell from his exw over this. This was in their divorce consent order. Now she has been seeing her new fella for a year and is very bitter that she can't move him in without dh going for his share in the house. She is effectively resigning her self either single for the next 10 years, or homeless. And of course dh is getting the brunt of this.

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