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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.

Feeling ill with worry

7 replies

FrustratedC0ffeeDrinker · 13/03/2020 08:41

I have my Decree Nisi and I am trying to agree on a financial settlement with ex-H. We live in the same house with our child. He won't move out. This has been going on for some time. He has signed our child up for a private school without my knowledge, renewed a mortgage and faked my signature - god knows if he's done anything else. He doesn't/won't work as he is living off of 'his' money, despite having a professional career which is well paid. I am working full time. I am not entitled to any benefits, mainly because of our joint assets. He stays at home playing house daddy (I never asked for this). Picking her up from school, cooking, taking her around to his mums and her staying over without my permission. Basically I feel that he is being a financial bully and trying to take my child away from me by alienating me. If I put my foot down and say that I am going to have her at such and such a time/day he basically causes an argument in front of her and threatens that he will have her at such and such a time/day even though it has not been agreed. I did put on a google calendar together showing access days etc., but he's never looked at it or acknowledged it's there.

I feel that I need to get out in order to escape from him, but this puts me in a worse financial position, and it will strengthen his position too as he will remain in the house. Also, I am worried about capital gains tax if I move out as effectively as far as I understand I will only have 9 months in which to sell the property before it incurs CGT on my portion of the gain. I understand I have a personal allowance for the tax year, but we have buy-to-lets. In respect of the buy-to-lets I do not have access to any of the bank accounts where the rental money goes into and he manages them himself.

I am just flummoxed. My counsellor has told me that he is cohesively controlling. I just don't know what to do, and I am at breaking point. His mum phoned me whilst I was at work the other day, and accused me of being greedy, and having contributed nothing to the relationship. This was shortly after I found out that he had faked my signature on a mortgage offer. I had to leave work as I was so distressed.

He is from a wealthy family (not that has anything to do with it), and they are money pinching and mean. On advice from my solicitor I have not been "greedy", and am just asking for what is fair, in order for me to able to afford to buy somewhere. His earning capacity is double mine. I have not instructed a solicitor, but have been paying for advice from a solicitor as and when required. I can't afford to instruct a solicitor as I can only see that this will go to court.

I guess I don't know what I am asking. I feel so lost, afraid and confused and don't know what to do. Can anyone offer any advice? Thanks.

OP posts:
everythingcrossed · 13/03/2020 08:58

Are you not tempted to get the police involved if he has committed mortgage fraud?

I can't offer much help but I'm pretty sure that the CGT only applies if you have bought another primary residence - if you move into rented property and he remains in the family home then the CGT doesn't kick in.

My worry would be that he wants to be recognised as the primary care giver so that your child spends most of her time with him and you pay child support.

millymollymoomoo · 13/03/2020 08:58

You don’t really mention your child in all this
How old are they, who/who will they live with ?
You need to instruct a solicitor to sort the financials and stop engaging with your ex unless it’s about your child

Clangus00 · 13/03/2020 09:09

Did you report the fraud?

FrustratedC0ffeeDrinker · 13/03/2020 09:11

My heads at mess at the moment and I feel a bit desperate so can't write cohesively. She is 4, and lives in the family home with me and ex-H at the moment. In my mind I though that 50/50 access would be appropriate. However, my ex won't acknowledge anything - it's like talking to a brick wall. He's always been like this so everything is 100 times more difficult. It's impossible to discuss anything. He gas lights me, making me feel like I'm insane. Saying that I am "mad" and that the courts will take my child away from me because I suffer from depression.

OP posts:
FrustratedC0ffeeDrinker · 13/03/2020 09:12

No, I'm afraid that if I report the fraud it will make matters worse, and it will make him more angry and more likely to take her away from me completely. I just feel like my heads is going to explode!

OP posts:
themarkofthemaker · 13/03/2020 09:19

If you cannot agree on the financial order face to face or through mediation you will need to go to court. That's just a fact I'm afraid. The normal advice is do not move out of the house until that order is secure. You do not need a solicitor to kick off court proceedings, and I wouldn't bother with a barrister unless it goes to FDR.

Did you mention faking your signature to the solicitor?

I would be concerned about child arrangements. Have you agreed child arrangements when you split into separate houses? The fact is that unless there is a Child Arrangement order both parents are on an equal footing. I would suggest sorting this asap as he may claim he is the primary caregiver and the child lives with him.

mumieone · 13/03/2020 22:30

Yes he has made himself primary care giver. He will get to remain in the manner to which he has become accustomed in that family home and you'll be paying maintenance.

I guess you could play the same game. QUIT work....get sacked.

Report him for forging your signature first. Wink

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