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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:
Blackbyrd · 20/07/2023 14:30

If the family home is on the market, then any equity in it can be disregarded for six months initially, so the OP could move into a rented property. So ex could in theory move back in and pay the mortgage. One of them needs to be living in it though
Shared equity properties are sometimes very difficult to sell on the open market, and subletting is not allowed. So OP cannot get a lodger in. She can however claim the Housing Costs Element of UC to help with the rent and any eligible service charges

MintJulia · 20/07/2023 14:52

One thing you do need to pay attention to OP. If you try to delay the sale of the house any more, the judge can take it out of your hands, sell the house at whatever price they can get, and order you to leave.

So stop worrying about things that happened 7 years ago and do your best to sell it in a co-operative manner now, or you may find yourself homeless.

FreeRider · 20/07/2023 15:14

All a law court is interested in is the law. Anything personal that happened between you and your husband - illness, him 'stealing' your bank cards etc - has nothing to do with the law regarding the way your joint property is shared out.

My mother also thought that my father would be 'punished' by the judge/court for cheating and leaving her for another woman...she honestly thought his bad behaviour would mean she would be allowed to keep the house...even though all 3 of her children were over the age of 18. Of course that didn't happen.

If the judge shouted at you, it was probably because he saw you trying to introduce emotional material as wasting the court's time.

FreeRider · 20/07/2023 15:15

And when I say my mother thought she would get to keep the house - it still had 20 years of mortgage to pay remaining on it. She thought the court would force my father to pay the mortgage for that remaining time...even though he wouldn't be living in it.

hkgihdhgj · 20/07/2023 16:37

PowerBMI · 20/07/2023 14:21

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?

7th of Aug

OP posts:
hkgihdhgj · 20/07/2023 16:39

Blackbyrd · 20/07/2023 14:30

If the family home is on the market, then any equity in it can be disregarded for six months initially, so the OP could move into a rented property. So ex could in theory move back in and pay the mortgage. One of them needs to be living in it though
Shared equity properties are sometimes very difficult to sell on the open market, and subletting is not allowed. So OP cannot get a lodger in. She can however claim the Housing Costs Element of UC to help with the rent and any eligible service charges

yes, I get help to rent and service charge, exactly correct.

OP posts:
hkgihdhgj · 20/07/2023 16:46

MintJulia · 20/07/2023 14:52

One thing you do need to pay attention to OP. If you try to delay the sale of the house any more, the judge can take it out of your hands, sell the house at whatever price they can get, and order you to leave.

So stop worrying about things that happened 7 years ago and do your best to sell it in a co-operative manner now, or you may find yourself homeless.

I dont delay to sell it, now it is highest price, soon the price will go down, I am not interested in 7 year ago stuff, The Judge did it. he though I was hide assets.
I need to buy another shareownship house now, and I can't take out a lot of loans, so I'll try to buy a 25% share, so maybe the money from the sale of the old house will pay for this new 25% share of the new house, and I'll just have to pay rent on it.
But my concern is that my income is only unversal credit benefit + child maintance, will the people in the HOA want to sell the house to me as a buyer? I will probably be able to pay all the 25% share of the new house in cash without taking out a loan, because my rent will be paid in unversal credit, and I will get more house benefit.

OP posts:
hkgihdhgj · 20/07/2023 16:48

FreeRider · 20/07/2023 15:15

And when I say my mother thought she would get to keep the house - it still had 20 years of mortgage to pay remaining on it. She thought the court would force my father to pay the mortgage for that remaining time...even though he wouldn't be living in it.

20 years ago, it could be much possible, I dont know. sorry. every one `s case is differrent, I cant Judge it without know all , even know all, I am not solicitor, hard to comment on it.

OP posts:
BadNomad · 20/07/2023 17:04

How did you plan to cover the mortgage if the judge had said you could keep the house?

You need to go find out now if you are eligible for a shared ownership property with only UC as income and find a property. Don't wait until the house is sold. You don't have time for that. If not, then you need to sort out something else.

PowerBMI · 20/07/2023 17:06

hkgihdhgj · 20/07/2023 16:37

7th of Aug

So assuming your landlord has the maximum 12 weeks to find a buyer, you didn’t notify the landlord until around mid May. Not March.

Later if your landlord has a short time period.

This is what I am saying about dragging your feet. The original judgment was in early March. You knew mortgage rates were going up and up, you should have notified them then.

Hopefully, they find a buyer or you get one quick on the open market.

hkgihdhgj · 20/07/2023 17:07

FreeRider · 20/07/2023 15:14

All a law court is interested in is the law. Anything personal that happened between you and your husband - illness, him 'stealing' your bank cards etc - has nothing to do with the law regarding the way your joint property is shared out.

My mother also thought that my father would be 'punished' by the judge/court for cheating and leaving her for another woman...she honestly thought his bad behaviour would mean she would be allowed to keep the house...even though all 3 of her children were over the age of 18. Of course that didn't happen.

If the judge shouted at you, it was probably because he saw you trying to introduce emotional material as wasting the court's time.

because the Judge saw a card valid from 2014-2023. but the card I closed at 2014, Judge thought I lied. I never see those card photo before cout hearing.
That is the main reason he shouted to me, I throwed aways that card 5 years ago, My ex got that photo of the card as his envidece to against me, think I didnt disclose my Form E.
Something is not going correctly way in my case. He denied he didnt stolen card, but He got 20 pcs of the card photoes, some of them dated on 2007 :) I closed 10 years ago. some of them are credit card, I never used it, closed it by bank itself. It is not fair to let the stolen stuff as envidence, I lost credit in front of the Judge. any word I said all was bullshit in the court :( My ex done all bad thing, but Judge treated him very well , it is kind of a joke.
my ex planed this 7 year ago, You tell me what is justice ? 7 years ago I was busy treated my panic attack in mental health department in hopstial. Keep seeing the metal health visitor, I got traumrised after I know someone planed this 7 years ago, how terriable, how scared , I didnt pay attention to Judge `s reaction, because I cant look after myself in the court. Emotional breakdown totally ,I should ask stop continue court hearing , but I didnt .

OP posts:
PowerBMI · 20/07/2023 17:45

In all fairness it’s sounds dodgy.

You opened a company for family. In another country. That never traded.

It was in your name and you were the only share holder. You had bank accounts for the company.
again in your name.

You, I assume, didn’t declare this on the form E because there’s no income. You say there’s no income and the accounts are closed.

Your exhusband produces proof that actually there are bank accounts. A bank card that’s valid for 9 years and happens to expire this year.

You claim that your ex-husband must have stole that 7 years ago and has been planning this moment for 7 years. Where as the more likely story is he looked for proof (like people are always advised to do) round the house before he left and found it.

I mean this kindly. But you seem to have a habit of doing things, then finding yourself suffering because of those things. You tried to get the house until your son was 18, except that wouldn’t have worked as you couldn’t afford it. You hadn’t thought it through. You wanted a bigger share of the house and seemed to hide information to achieve that. You opened a company and bank accounts for your sister and left them in your own name, which has made it look like you are hiding something. You have been through a divorce and don’t seem to understand how they work and that it’s not a judgement about who behaved worst and seem to have lost our some equity because of that.

I think you really need to look at decisions your making and start really looking into the decisions you are making and look as the negatives that could occur from it.

Loverofoxbowlakes · 20/07/2023 17:46

hkgihdhgj · 20/07/2023 17:07

because the Judge saw a card valid from 2014-2023. but the card I closed at 2014, Judge thought I lied. I never see those card photo before cout hearing.
That is the main reason he shouted to me, I throwed aways that card 5 years ago, My ex got that photo of the card as his envidece to against me, think I didnt disclose my Form E.
Something is not going correctly way in my case. He denied he didnt stolen card, but He got 20 pcs of the card photoes, some of them dated on 2007 :) I closed 10 years ago. some of them are credit card, I never used it, closed it by bank itself. It is not fair to let the stolen stuff as envidence, I lost credit in front of the Judge. any word I said all was bullshit in the court :( My ex done all bad thing, but Judge treated him very well , it is kind of a joke.
my ex planed this 7 year ago, You tell me what is justice ? 7 years ago I was busy treated my panic attack in mental health department in hopstial. Keep seeing the metal health visitor, I got traumrised after I know someone planed this 7 years ago, how terriable, how scared , I didnt pay attention to Judge `s reaction, because I cant look after myself in the court. Emotional breakdown totally ,I should ask stop continue court hearing , but I didnt .

Any 'evidence' your ex had against you would have been disclosed in Form E. If you have failed to engage with the process (which you are repeatedly doing even with this thread) you will have missed the opportunity to prove that the accounts were closed. Unfortunately it is now too late and it has literally taken losing your home for you to realise that this might be a problem.

Time for me to step away from the thread...

hkgihdhgj · 20/07/2023 23:38

Loverofoxbowlakes · 20/07/2023 17:46

Any 'evidence' your ex had against you would have been disclosed in Form E. If you have failed to engage with the process (which you are repeatedly doing even with this thread) you will have missed the opportunity to prove that the accounts were closed. Unfortunately it is now too late and it has literally taken losing your home for you to realise that this might be a problem.

Time for me to step away from the thread...

I have the proof, I have no permission to pass them to Judge

OP posts:
hkgihdhgj · 20/07/2023 23:46

Loverofoxbowlakes · 20/07/2023 17:46

Any 'evidence' your ex had against you would have been disclosed in Form E. If you have failed to engage with the process (which you are repeatedly doing even with this thread) you will have missed the opportunity to prove that the accounts were closed. Unfortunately it is now too late and it has literally taken losing your home for you to realise that this might be a problem.

Time for me to step away from the thread...

banks and company document all prepared . they ingore my envidece .I submitted all the evidence again on appeal, and I don't know if this judge has seen all my evidence, and if he has, he has a guilty conscience.

OP posts:
Thisismynewusername1 · 21/07/2023 08:51

Did you have legal advice through your court case and appeal?

it sounds to me like you’ve bombarded the judge with lots of irrelevant information at this point. Their job is not to apportion blame, decide whether it’s planned or who is at fault.

it is simply to look at the marital assets and decide who gets what. If you’ve tried to make them consider you should get more because of your ex’s behaviour that will by why they’re annoyed.

if your ex has been financially abusing you or exerting coercive control it’s the police you need, not a divorce court.

millymollymoomoo · 21/07/2023 08:58

You need to get a job and take some accountability for how you have arrived here rather than just blaming everyone else.

speak to your lender re interest only or payment holiday

drop house price if you need to to sell it

get a job

stop focussing on things that happened years ago, for which you played a part

CandyLeBonBon · 21/07/2023 10:18

You sound very chaotic op. If your preparation of documents and evidence for court was a chaotic as your posts here, I'm not surprised the judge hadn't found in your favour. Court proceedings are very precise with specific guidelines and timescales.

It could be that the judge is a corrupt woman hater who deliberately scuppered you, or it could be that you haven't prepared your evidence correctly, in a timely fashion, with all the required information, and so the judge gave the ruling based on what he/she was given.

Court cases are stressful, I get that, but you don't sound organised or in control of your affairs.

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