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Divorce Dilemma

4 replies

chinup2011 · 12/06/2012 23:20

where to start..... Ive been separated for 2 years. H took our joint savings and bought himself a house, (which is mortgaged in his name) Our two teenage children live in the family home (joint names) with me, they never stay with their Dad, (their choice) I work from home, seven days a week to support the three of us, H doesn't contribute at all. I have been intending to file for divorce for a year now and something always seems to be in the way, e.g. work or lack of money. Tonight H rang to say he has been arrested for fraud and will probably loose his job, and with it the ability to pay his mortgage. This latest incident ( reason for separation was an affair) has horrified me, I just cannot abide lawbreaking - it scares me, and I want no part of this for my children and I.
As a divorce settlement I would like the family home, I have no pension and work so hard to up keep it, it is also my work premises. As he will have to sell his house, and has said he will have nowhere to live; where would that leave me and the children and the family home. I would be so grateful if anyone has any suggestions.
Thank you

OP posts:
Collaborate · 12/06/2012 23:37

Get your divorce in quick. If he's committed fraud there may be creditors seeking to be repaid from his share of the house. If you've not got the property transferred or put in trust by then, it's too late for you. Of course if you're expecting to have to give him half anyway that's not a problem.

beachyhead · 12/06/2012 23:46

So who's name is the family home in? Is it still in joint names..... If he can sell his home and repay his mortgage, or if his bank repossesses his house and can pay off his mortgage with it, then that bank won't be after you. It will be the potential creditors to his fraudulent business that would be able to try to claim his half of 'your' home.

I would advise a quick visit to a lawyer to see if you can ringfence your property at all?

It may be that you can make a counterclaim to receive half of the original savings that he took, if that was not contractually agreed at the time.

Write down all events, amounts, take any documentation/emails or anything you can to a lawyer...

chinup2011 · 13/06/2012 09:01

Thank you for the advice. The house that the children and I live in is in joint names. The fraud is quite minor ( monetarily speaking). Today I'm going to pluck up courage to get divorce proceedings underway.
It's scary.
Thank you again.

OP posts:
babybarrister · 13/06/2012 09:18

This reply has been deleted

Message withdrawn at poster's request.

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