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Child Maintenance

9 replies

k473 · 20/09/2017 08:56

Hi, This is my first time posting on here. I am half way through my divorce, decree nisi has been granted. Due to the way my ex's family managed our finances... I have left the family home with 3 children with nothing, no claim on the house, car nothing. My ex works for himself, cash in hand and is not declaring anything so when Child maintenance investigated him it came back as a nil claim.
I know he's working, somewhat sporadically but his facebook page is very active.
I do work, part time on a low income.

I feel really let down and I dont know what to do next. I have asked for a clean break but as yet he hasn't signed the paper work.

Feeling stuck!
Surely, he can't get away with this.

OP posts:
Collaborate · 20/09/2017 09:11

The problem you have is in finding proof of his means. The court can make orders that help you, but you need to know what to ask for. Perhaps you need some form legal advice.

prh47bridge · 20/09/2017 09:22

Not sure why you think you have no claim on the house. If you were married it is an asset of the marriage and goes into the pot to be split between you. Agree with Collaborate that you need proper legal advice.

k473 · 20/09/2017 10:42

Thank you, my solicitor has gone through the house stuff and I have no claim....I have been well and truly screwed over on that front, my own fault, trying to do the right thing and keep everything together, oh and believing the lies.
Just don't think he should get away with not supporting the children but there seems to be nothing else I can do.

OP posts:
worridmum · 20/09/2017 18:20

I am thinking they were living in his parents or family member house so would not have claim as its not stbxh or ops house in so far as when divorcing you cannot claim equity from your landlord if in rental property.

k473 · 20/09/2017 18:43

Yes more or less right, just it was always in ex husbands name, he remortgaged the property and I paid that repayments from my bank. Property was transfered to his parents within days of me and the children leaving.

OP posts:
lollipop7 · 20/09/2017 18:53

Wow what a shit. I was going to say could you not lodge a caution against it and seek to establish your interest that way.
Surely if you were married he couldn't legally transfer the property without lying as there are things called Laws and you would acquire certain unassailable rights that come with being legally married?😳😳😳

prh47bridge · 20/09/2017 19:28

Unless his parents paid the full market value of the house that sounds to me like a transaction intended to prevent or reduce financial relief. If it was less than 3 years ago it would be up to him to prove that it wasn't. It may be difficult but if the court concludes that this was an attempt to reduce your claim they can set aside the transaction.

If they did pay the full market value that is another matter. You would then have a claim against the money they paid. Unless, of course, he has spent it all already.

WatchingFromTheWings · 20/09/2017 19:33

I'd see a different solicitor. Transferring of property like that is not on, and I don't think he can get away with.

If you can see he's working from his public Facebook posts, screenshot everything! Wait till you have a stack of evidence then send it off to HMRC.

worridmum · 20/09/2017 22:16

Now that is different go to another solicitor thats not one and as others as said should be set aside.

I was commenting more along the lines of a married couple living in a family members house.

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