Financial order after divorce

[Dockydooda]

Hi looking for anyone who has been in a situation like mine where there is a financial order which ex hasn’t adhered to ( keeps walking out of jobs), meant to pay the mort and give maintenance…. Owed tens of thousands of pounds, only capital is in the jointly owned house which I live in but mort company won’t let me put solely in my name. Wondering if court would still give him the 30% equity even though he owes me this money. He’s not working so unlikely he can pay me back,
Thanks so much I can’t afford a solicitor x

@Dockydooda - Sadly I think a solicitor is the only way forward, you will not get a conculsive answer from here. Have you tried any local firms that may work with legal aid.

Mayeb legal cover on your home insurance?

CAB could be a good start.

Good luck

One of the points of the Financial Order is that it gives you the right to return to court for a remedy if it is breached. It’s a D11 form, but I would go through your solicitor.

He can be ordered to pay, fined and theoretically even imprisoned - though I don’t think that ever happens!

However, the court will look at his change of circumstances. If the maintenance or mortgage payment was based on a job he longer has, they won’t hold him to it. Which in theory is fair - it’s just in practice we know these arseholes are often playing the system.

I don’t know if a change of equity in house is something a court has the power to order as a remedy, but your solicitor will.

Sorry, I mentioned solicitor and I did see that you said you couldn’t afford one. However, you may need to prioritise that if possible. Search terms like “financial order breach remedy D11” for your own free research online.

The wikivorce site might also be helpful.

Thank you so much, I really appreciate your help, very kind

Thank you so much, much appreciated, I don’t think it mentions his earnings inthe order but I think you could be right, very kind of you

I don’t understand why he owns a 30% stake in the house if you are divorced? This seems very unusual. How did that come about? Is it court ordered?

@LiquidSodaCrystal

I don’t understand why he owns a 30% stake in the house if you are divorced? This seems very unusual. How did that come about? Is it court ordered?

Do you have any experience of divorce in the U.K.? This is a perfectly standard and actually very common arrangement. Not unusual at all! Not to derail the thread with too much detail as you can Google it - but it’s very common to retain a share in the former marital home as it means you can delay having to sell immediately. Google Mesher Orders if you’re interested @LiquidSodaCrystal - although it’s not the only way to do it.

Why do you think it’s unusual?

Because the house is in both of our names, he paid it solely for 13yrs ish whilst I didn’t work as he worked long hrs so I was able to stay at home with the children. It has equity so I imagine he would like a share