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Divorcing and on benefits with abusive Ex2b still here - question about finances/bills? (sorry long)

1 reply

ChocolateWoman · 21/04/2008 11:29

I am living in very difficult conditions with my EH2b. We have a house mortgaged in my name that I lived in for number of years before he moved in. He was physically violent + is still very abusive. He pays bills and mortgage. Have 1 ds 8yo.

After years of physical violence + me depression, I started divorce proceedings against him, went on benefits and it went to mediation too. Physical violence stopped (still abusive) but mediation did not turn out in my favour - result is that I should find work and then either buy him out or sell property and we split equity. This was because he runs a business in our house (which I used to work for)+ mediator's view was that premises are vital to his livelyhood, therefore he should stay. He agreed to 75% equity to me. I feel I deserve more because of how he impacted on my life, but he won't settle for less; the violence prevented me from working all those years + I lost my mental health and was depressed and controlled. I owned the property for 13 years before he moved in + property is in my name, but I can agree to 75% - I just want him gone and to start my life.

Everyone thinks I should take injunction etc, but he has threatened that if I do that, he will fight me for 100% of the house and go thru the courts and make divorce costly, saying that I am an unfit mother and play every dirty trick. I have no family or support and I'm too tired, just too tired now. He has HUGE support and HUGE network - if I fight him and his network he will try to bring me down + I'm terrified of getting ill/depressed again. I can settle for 75%. I don't want to move out, my ds has had enough upheaval, we're convenient for ds school - I want a job and then to buy Ex out.

I'm am applying for loads of jobs and am finally feeling able and ready to go back to work. I don't want to lose that feeling.

Finally (this is the question): He has paid for mortgage, loans and bills during the marriage + has paid me household money + supported me + he has enjoyed me being in the beholden position + uses it against me all the time. But he is saying he is going to pay much less for bills/mortgage etc + that I must pay towards these with a share of my benefit money. Can he do this? What should I/he legally be paying for? Can he make me pay if I am on benefit money + he is on earned income? What is my legal standpoint on this. I am going to speak to my solicitor, but before I do, I want to know what you think.

I suspect many will say take out injunction etc - but I am so scared of my mental health going again - if I fight him it will take all my energy and I don't have much left.

OP posts:
HappyMummyOfOne · 21/04/2008 11:46

What benefits are you on if he still lives there?

If the mortgage is in your name, then you are liable for the mortgage payments.

Legally all he has to pay is CSA at the standard rate.

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