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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.

My ex husband refuse to pay half of the mortgage

93 replies

hkgihdhgj · 19/07/2023 22:47

we have court order, I must sell the house and he get half of the property,
I did appeal, but failed, he lied everything in the court. and Judge believed him,
I got panic attack and trauma in the court hearing, I lost my minds. I have mental health reports, Judge just ingore it
Now I got issue to pay the mortgage, I am paying all of the mortgage, but interests so high, I am on unversal credit only, I cant afford it anymore. I am selling the property now. I dont know how long I can sell it. I paid the deposit ,but he got half of property, now he refuse to pay half of mortgage, anybody can help me out please ?
Can I apply for any court order force him to pay the mortgage ?

OP posts:
hkgihdhgj · 20/07/2023 13:35

i dont wanna go over and over my case, it will make me cant come out from that moment, Like my soul get stuck in the court, I cant come out for a long long time. If i repeat it , this issue will get worse. repeat the trauma, trauma get more painful.
I did apeal about his pension, I didnt get any, and spouse maintance, I didnt get any.
and Judge`s decision half of half.

OP posts:
Thisismynewusername1 · 20/07/2023 13:36

Annfr · 20/07/2023 13:13

I hate this argument. It isn't reasonable for him to pay his share of the mortgage but it is for him to have half the profit? It's not like paying rent on the house, it's an asset he's going to profit from.

it’s a perfectly valid argument.

they have both paid into the house they jointly own.

he will not have to pay “half the house”. It will be half the equity in the house.

so if the house is currently worth £160k, and they have a 100k mortgage, he will receive 30k.

so o/p will be living in a £160k house having paid her ex 30k.

if she continues living there she will benefit from his £30k. So not only does she have 30k of his reducing the interest payments, you want him to keep paying the mortgage too?

PowerBMI · 20/07/2023 13:38

hkgihdhgj · 20/07/2023 13:28

it is obviously , people stolen your stuff, and show envidence in the last minute , to make you feel panic attack , traumarise and Judge will not believe you anymore, becaue he thought you not disclose your form E to Judge . not respect Judge . this is common sense. Afterall Judge ignored me totally. Even if I am that one is telling the truth. Noone believes me, nobody interested in your envidence, you will feel more panic attack, more get lost of your minds, it is an circle. If I am the Judge , I never know what is panic attack, I dont know , I just know her reaction is not normal, she was lieing absolutely. So this is my outcome sadly.

But a stolen bank card from years ago wouldn’t change the outcome.

The judge didn’t want to see it because it was irrelevant. The judge isn’t there to decide finances based on whose behaviour during the marriage was poor.

Did you have medical evidence to prove you can’t work? Or ever work again? That may have helped, but only if your ex husband earns a lot.

You say you wanted the house until your son was 18 then say that you wanted to sell but you wanted more than 50 percent. Whatever happened you would have had to pay the mortgage and sell the house.

And really the equity split isn’t impacting your mortgage payments or the house sale. Even if you got 70% pd the equity, you would still be in this position. Not being able to afford the mortgage and having to sell. The equity split will only impact after the sale. It wouldn’t change where you are now.

and if it didn’t cost you anything to get divorced and appeal, that means your exhusband must have paid the costs.

hkgihdhgj · 20/07/2023 13:38

Thisismynewusername1 · 20/07/2023 13:36

it’s a perfectly valid argument.

they have both paid into the house they jointly own.

he will not have to pay “half the house”. It will be half the equity in the house.

so if the house is currently worth £160k, and they have a 100k mortgage, he will receive 30k.

so o/p will be living in a £160k house having paid her ex 30k.

if she continues living there she will benefit from his £30k. So not only does she have 30k of his reducing the interest payments, you want him to keep paying the mortgage too?

I paid all the deposit by the way,

OP posts:
RandomMess · 20/07/2023 13:41

If your son is at primary school, have you family you can go and move with?

Move out and your ex move in. Make selling the house his problem.

He is financially abusing you, take his power away.

Your son moving schools isn't the end of the world.

hkgihdhgj · 20/07/2023 13:42

PowerBMI · 20/07/2023 13:38

But a stolen bank card from years ago wouldn’t change the outcome.

The judge didn’t want to see it because it was irrelevant. The judge isn’t there to decide finances based on whose behaviour during the marriage was poor.

Did you have medical evidence to prove you can’t work? Or ever work again? That may have helped, but only if your ex husband earns a lot.

You say you wanted the house until your son was 18 then say that you wanted to sell but you wanted more than 50 percent. Whatever happened you would have had to pay the mortgage and sell the house.

And really the equity split isn’t impacting your mortgage payments or the house sale. Even if you got 70% pd the equity, you would still be in this position. Not being able to afford the mortgage and having to sell. The equity split will only impact after the sale. It wouldn’t change where you are now.

and if it didn’t cost you anything to get divorced and appeal, that means your exhusband must have paid the costs.

The Judge shouted to me when he saw these bank cards. he got mad totally. I have medical envidence, the Judge not consider it at all, I posted it long time ago to Court.

OP posts:
hkgihdhgj · 20/07/2023 13:45

RandomMess · 20/07/2023 13:41

If your son is at primary school, have you family you can go and move with?

Move out and your ex move in. Make selling the house his problem.

He is financially abusing you, take his power away.

Your son moving schools isn't the end of the world.

Yes, he is in the primary school, my son cried to me many times,
yes, he is doing financial abuse, he forced me choose highest intereste rate as well.

  • This man my ex is going evil way .... abnormal evil way.... Once I saw him, my panic attack came back immediately. The Judge allowed he question directly to me without any protective screen
OP posts:
hkgihdhgj · 20/07/2023 13:47

RandomMess · 20/07/2023 13:41

If your son is at primary school, have you family you can go and move with?

Move out and your ex move in. Make selling the house his problem.

He is financially abusing you, take his power away.

Your son moving schools isn't the end of the world.

i dont have money to move somewhere now, I stop make money after get serious panic attack. covid -19 made my panic attack worse as well.... it is not easy

OP posts:
PowerBMI · 20/07/2023 13:49

hkgihdhgj · 20/07/2023 13:42

The Judge shouted to me when he saw these bank cards. he got mad totally. I have medical envidence, the Judge not consider it at all, I posted it long time ago to Court.

Because the banks cards are irrelevant.

and medical evidence of an illness isn’t the same as medical evidence you are disabled or can not work.

I just read right through a previous thread. You have a company in another country your name. For your family that you claim isn’t trading and despite being the only shareholder you say it’s your sisters company.

It appears that the judge believed you were hiding income. I think things like this, have suggested that you are hiding assets or income. The card that was stolen was used as proof that you had this company.

This is clearly a very complex case. However, non of impacts where you are now.

even if the judge had said he got non of the house, you still couldn’t afford it and would still be having to sell.

ChatBFP · 20/07/2023 13:50

Is the mortgage a repayment one? If so, then change to interest only for the moment by speaking to your bank and explaining that you are selling due to divorce. You pay the interest as your husband is paying rent elsewhere. That should lessen the payments

RandomMess · 20/07/2023 13:51

Where do your family live?

Loverofoxbowlakes · 20/07/2023 13:55

Medical evidence or not, you cannot afford to live in the house and (unless he earns a fortune) he can't be forced to wait for his share of the equity, NEVER MIND PAY FOR THE MORTGAGE TOO for however many years until your dc gets to 18.

If your health concerns are so bad that you can't work, you should be able to claim out-of-work benefits and be prioritised for housing, though it might not be as nice as your home.

Judges do not make financial awards based on with party's conduct during or after the marriage. If, as you are doing with this thread, you did not engage with the process (after all, the financial agreement doesn't even need to have both parties attend court in many cases) then I can see why the judge has awarded accordingly.

You cannot afford to live in your house and have been ordered to sell. If you continue to frustrate the process the judge can force the sale without your consent.

hkgihdhgj · 20/07/2023 13:55

PowerBMI · 20/07/2023 13:49

Because the banks cards are irrelevant.

and medical evidence of an illness isn’t the same as medical evidence you are disabled or can not work.

I just read right through a previous thread. You have a company in another country your name. For your family that you claim isn’t trading and despite being the only shareholder you say it’s your sisters company.

It appears that the judge believed you were hiding income. I think things like this, have suggested that you are hiding assets or income. The card that was stolen was used as proof that you had this company.

This is clearly a very complex case. However, non of impacts where you are now.

even if the judge had said he got non of the house, you still couldn’t afford it and would still be having to sell.

these are sleeping company. long long time ago. no doing any business anymore .I stop work after having child, and stop work again after panic attack

OP posts:
hkgihdhgj · 20/07/2023 13:58

Loverofoxbowlakes · 20/07/2023 13:55

Medical evidence or not, you cannot afford to live in the house and (unless he earns a fortune) he can't be forced to wait for his share of the equity, NEVER MIND PAY FOR THE MORTGAGE TOO for however many years until your dc gets to 18.

If your health concerns are so bad that you can't work, you should be able to claim out-of-work benefits and be prioritised for housing, though it might not be as nice as your home.

Judges do not make financial awards based on with party's conduct during or after the marriage. If, as you are doing with this thread, you did not engage with the process (after all, the financial agreement doesn't even need to have both parties attend court in many cases) then I can see why the judge has awarded accordingly.

You cannot afford to live in your house and have been ordered to sell. If you continue to frustrate the process the judge can force the sale without your consent.

but it is not fair i only get half of the property, of course nothing is fair , I paid the depoist,
stolen things cant be proof on the court. The Judge allowed it.
whatever ,..... ladies, be careful the man :) it is horrible marriage for me. I wish you guys have happy one .

OP posts:
kitsuneghost · 20/07/2023 14:01

Could he move back in until the house is sold so he can pay half the mortgage instead of rent.
What is his financial situation like? most people couldn't afford rent and half a mortgage.
Otherwise both of you may risk losing the house completely and no-one will be getting 50%

hkgihdhgj · 20/07/2023 14:03

kitsuneghost · 20/07/2023 14:01

Could he move back in until the house is sold so he can pay half the mortgage instead of rent.
What is his financial situation like? most people couldn't afford rent and half a mortgage.
Otherwise both of you may risk losing the house completely and no-one will be getting 50%

I cant let him back , he is doing domestic abuse me for long long time.
He is try to mental control on me. Sorry, I dont wanna see him at all. I feel sick if I see him,
anxious to see him.

OP posts:
hkgihdhgj · 20/07/2023 14:04

I am planing buy shareownship , but I dont know my income only unversal credit, the house association will consider me as eligliable buyer or not.
I am struggling in everywhere:(

OP posts:
kitsuneghost · 20/07/2023 14:05

hkgihdhgj · 20/07/2023 14:03

I cant let him back , he is doing domestic abuse me for long long time.
He is try to mental control on me. Sorry, I dont wanna see him at all. I feel sick if I see him,
anxious to see him.

Sorry you have gone through that
Perhaps a short term lodger to help out?

Loverofoxbowlakes · 20/07/2023 14:08

hkgihdhgj · 20/07/2023 14:04

I am planing buy shareownship , but I dont know my income only unversal credit, the house association will consider me as eligliable buyer or not.
I am struggling in everywhere:(

You should have been looking into this month's ago.

hkgihdhgj · 20/07/2023 14:10

Loverofoxbowlakes · 20/07/2023 14:08

You should have been looking into this month's ago.

I did , I am continue doing it, the house assocition only allow me apply new house only my house is under offer, my house is not under offer now :( I am checking 1 by 1 my eligliablity with them now. I am not sure the outcome yet.

OP posts:
hkgihdhgj · 20/07/2023 14:15

kitsuneghost · 20/07/2023 14:05

Sorry you have gone through that
Perhaps a short term lodger to help out?

dont know yet, if I sell the house, not buy any house, I got some money in the bank,
the unversal credit will be cancelling immediately, I need sell and buy at same time,
then I will be homeless I guess.

OP posts:
hkgihdhgj · 20/07/2023 14:16

I will not be homeless

OP posts:
Wenfy · 20/07/2023 14:19

Get legal advice. Ask them what will happen if you don’t sell asap & whether there is hope for getting your case reviewed again to take into account that he has never paid the mortgage and it has always been ‘your’ house.

From my understanding with my Aunt’s recent case, she was told same as you, house 50/50, she didn’t do it and then she was advised to return to court and show them evidence of his ‘financial abuse’ (he hit her too but there was no proof of that)- in her case it was obvs, bank statements clearly proved she paid for everything & her husband didn’t share anything. In fact the financial check showed he was funding his mistress for almost 10 years & his share was reduced to 30%. It’s still 30% too much but a lot better than the 50 he would have received.

The courts are becoming more open to reopening cases where domestic abuse (reported or not) was a factor. Try contacting Womens Aid or similar and they’ll put you in touch with someone who might take it on for free.

PowerBMI · 20/07/2023 14:21

hkgihdhgj · 20/07/2023 14:10

I did , I am continue doing it, the house assocition only allow me apply new house only my house is under offer, my house is not under offer now :( I am checking 1 by 1 my eligliablity with them now. I am not sure the outcome yet.

As I said above the HIV website says the landlord has a maximum of 12 weeks to find a buyer after you notify them. If they can’t it go on the open market.

When can yours go on the open market?

PowerBMI · 20/07/2023 14:23

Gov website not HIV 🙈

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