5 years ago I left my husband

[georgetown]

dont know if enyone can help but 5 years ago i left my husband i took myself and two children and he stayed in the home, he decided to stop paying the morgage and his credit cards although he was working, it came to the stage although the house was up for sale that the bank had no choice than to repocess, the house sold and the was 24,000 left which was decided in court i was too have 60% and my ex is to have 40% but all debits too be paid as in mine and his but theres not enough money in the pot, i have been paying my debit of each month even the 3,ooo pound overdraft we wre left with but as he defaulted on ALL his debit the credit card company has put charges on the home even the council as he didnt pay council tax for 4yrs, the house has been sold but the bank want release my money as they want these charges paid theamount he owed has doubled with interest, i have not agreed for all his debit to be paid as i think it is unfair as i have debt too plus two children which i brought up on my own for five years with no help off him, he even boast too people the he looked on the internet how to tuck your wife up in a divorce and it does say for you too default on your morgage and other debit so your wife/ husband comes out with nothing!!!! i have too go to court know too fight my case, just wondering if enyone can help thanks

[maroondevo52]

Hello and Welcome georgetown,

 

I have started a new thread for you.

 

Regards,

 

Scott.

[Desperate Daniella]

Hi georgetown, and welcome to CAG!

 

This needs a bit of unravelling!

 

When was the house sold?

 

If you have charges on the house these would normally be paid from the sale proceeds.

 

What are the exact figures involved?

 

DD

[ericsbrother]

was the house in joint names? If so the council tax debts etc are jointly liable so they will take from wherever they can.

If you have the judgement that you should get the money then it should not be used for HIS debt but will be used for debts that are jointly named. Now, has he falsely used your details for credit? you need to find out where the money has gone. The bank will have to tell you and if they are wrongly appliying monies to debts that are nothing to do with you then they will have to refund you.

Never have joint accounts or joint loans.

[georgetown]

Hi the house was sol in october 2012; theres 24,000 left but the charges on the house is his bebt amounting too 4,000 council tax and 18,000 in credit cards all in his name, lot of interest on credit cards, the house is in his name but the morgage was joint

[georgetown]

Hi the house was sold in2012 , the morgage was joint but deeds in his name all debit in his name he owes 4,000 in council tax and 18,000 in credit cards mostly bumped up in interest, theres only 24,000 left after the sale these debts are all in hois name and left unpaid by him since i left he doesnt want me too have no money at all

[Desperate Daniella]

Did a solicitor represent you in Court? If so, you have not been advised well. When the Court made the decision about the money, had the house actually been sold and did the Court know there was only £24,000 in the pot? Or was the Court hearing (which I assume was part of the divorce proceedings) before the sale had been finalized?

 

The Council Tax you'll almost certainly have to pay, and the problem you have with the credit cards is that the deeds were in his name, otherwise they would only be able to put a charge on his half of the property.

 

As ericsbrother says above, did he take out the credit cards since he left you, using your home address when he applied for them?

 

I had something similar when my husband left. We had a building loan as we were doing up the house, and as soon as he left he bought a new car, took a ski-ing trip, and was spending money like water. I agreed to pay half the building loan balance at the time he left, and he was left to pay for everything else that he'd run up after he'd left. You need a good solicitor to represent you here.

[georgetown]

My solicitor is hopeless all my legal aid is used up and i have no money too pay another one, im barely living my ex doesnt acknowledge his two boys and i havent had a penny off him in five years, im not liable for the council tax as i wasnt living in the house i had left i had my own council tax too pay, the court order was all debts to be paid but my ex wants all his debt paid first, this is why im going too court on 20 june too fight my case as i think its wrong, he had the credit cards when i was with him one he owed 4,599 on and the other he owed 8,000 on but he defaulted on them the day i left 5 yrs ago , so because he defaulted on the morgage as well the bank repossed the house and is keeping the 24,000 on hold until i g to court to dispuse the claim, got no solicitor just fell sick i just wnt a bit off money for a deposit on a house for me and my children, the law is mad hope the judge will help me

[Desperate Daniella]

Sorry, I misunderstood you. I thought when he left you had stayed in the original house and had been there when the council tax was incurred.

 

Try googling pro bono lawyers in your area. Some firms do offer this. You could also check with CAB if they know of any firms; sometimes CAB don't volunteer all the information they could.

 

He's added over £5,000 to the credit cards since you left. He is quite an operator.

 

I'm going to see if anyone on the site team can help with family law. You'll need help to be very organized when you go to Court.

[Desperate Daniella]

Sorry if you have already said, but is he working?

[georgetown]

Yes he is working, been too cyprus with his girlfriend and took her two kids, like i said im my recent replys he is bragging too people that he looked up on the web site how to screw your misses over in a divorce and ive looked it up and it does tell you to default on your morgage and stop paying your credit cards mad isnt it, thanks for your help i just feel im alone

[Desperate Daniella]

If he is working, why isn't he paying child maintenance?

 

Can you get anyone to confirm to you in an email that he is boasting about using that website? Just a chatty email including that information, nothing that looks obviously set up. If you could, and you could print off that webpage then you could show that to the judge.

 

Also put together written details of his holiday to Cyprus while he is not paying his credit cards.

 

I'm sure you'll get some more input here. Not everyone is around all the time.

 

Please do check out pro bono lawyers though if you haven't already done that.

[Desperate Daniella]

Or you could send someone an innocent email, saying "What was that website he told you he was using to ***** me?"

[georgetown]

I did contact csa but they sent me a letter saying that by the time he has payed his outgoings he has nothing left, that was the time he was working for his brother so know doubt he had mostly cash in hand!!!! His family is weathly and very well known in my town, so know doubt they know every trick in the book, my ex was very controlling the main reason why i left he wad very cave man atitude , the woman place is in the home, so for a little woman too leave him was very embrassing for him and his family so he is doing every thing for me too come out off this with nothing he even cross potion the divorce saying you not divorceing me im divorceing you, i only seen photos on face book off him in cyprus dont know how too show that in court and my oldest son heard him advising his mate on divorce a few years ago saying too look it up on the internet dont know how to prove that, my lawyer is a family law lawyer but he is hopeless have not helped me at all he has told me my legal aid is all spent , he also told me my house couldnt be sold unless all these charges was paid which is wrong as my house is sold think i could fo a better job myself hopeless thanks for listening

[Desperate Daniella]

So is he now working in a 'real' job for someone not connected with his family? If he is you must go back to CSA and tell them his circumstances.

 

I don't know if you can print a facebook page, but if you can copy it to a word document you can print it off.

[Desperate Daniella]

Also, are you working?

 

And, if you were paying the mortgage, why was the house in his name only?

 

I'm sorry to ask so many questions - We are like that on CAG! - but if we can show you as someone who is responsible, which you clearly are because you've been paying off your debts, and your husband as what he clearly is, then that needs to be made really obvious to the judge.

[georgetown]

Its ok i know his name is on the deeds but not mine but we have a joint morgage perhaps i should go in the bank and ask about this. I pay 500 a month rent which i have been doing for five years which is wasted money as its not my home, we were £2000 OVERDRAWN when i left as he stopped putting his money in the joint account because i was standing up too him after 22 years so he opened a new account in his name only so i am paying £60 a month of that because he ignored the letters, i was left with £6000 debt on my credit card because 9 years ago he remorgaged the house ( 35.000) and bought a ferarri then when he decided too sell it he had too have 4 new tyres and a service so i agreed to pay for it on my credit card because i hadnt used it, and to top it all he sold it just before i left him for £22.000 and i didnt get a penny. My solicitor said i agreed to the remorgage so it was my own fault love is blind

[Desperate Daniella]

OMG. This is horrible.

 

Let me read it again in the morning.

 

I know love is blind. We've all done really stupid things for those we have loved ...

 

Your solicitor has been worse than useless.

 

You poor thing.

 

DDx

[slick132]

Hi GT,

 

This is horrible for you but it happens all too often.

 

I can only suggest you prepare everything carefully for the court hearing, so you can find anything you need to refer to, quickly.

 

Prepare a schedule setting out the date and amount of each relevant move or transaction made by your ex with regard to finances. Include date you moved out and other relevant dates, as well as dates and amounts of purchases, events with the bank, sale of home, etc.

 

Keep the schedule as brief as possible. Also, try to keep it objective so you don't get involved in mud-flinging which may not be appreciated by a judge.

 

Take a copy for you and a copy for the judge.

 

Well done to Desperate Daniella for good support and advice.

 

[Desperate Daniella]

You were married for 22 years, but the house is in is name only. Was it his house when you met? Or did you buy a house together and did he insist only his name was on the title deeds? In other words were you coerced into a situation where you had to pay half (?) the mortgage while getting no rights to house?

 

As slick says, you need to prepare a schedule of all the dates. If you would like to, you can post up a draft here, and we'll try to make sure everything is clear and points to his deliberately spending money in order to stop you getting anything from the sale of the house.

 

Make sure you have credit card statements which show anything like the Ferrari tyres which you paid for.

 

You prepare the schedule and have the backing documents in order in a bundle to go with it.

 

So, if you refer on the schedule to the purchase of the Ferrari as your fifth item, it is marked clearly on the credit card statement as '5' on the top right hand corner.

 

Have you actually had the Decree Absolute?

[Desperate Daniella]

Is the Court hearing on 20th June because you have applied to have the Order for the split of the house sale proceeds varied?

[georgetown]

Yes the solicitors who is holding the money for the bank asked me do i agree for all my ex debt to be paid and i said no so the money has been paid into the courts so i got to attend, which im not looking forward too because i have to sit in a room with my ex feel sick, but i got to try for my kids

[georgetown]

Thankyou i will the trouble is i dont know if i will be allowed to speak, i think i will be in a small room like i was when i had to go hefore when my house was repossed, the judge wouldnt let me speak then, the law is all wrong

[georgetown]

Yes i have, we bought the house together i have got copys of his credit card statements which i will take but like i said before my solicitor said it was my fault i paid for his service, i havent got a very good relationship with my solicitor as i feel hes not on my side he seems to be supporting my ex more, he has got a lot of info on my case but i dont want to phone him, my family is very supportive exspecially my couson shes going to write pointers down for me, i just hope i can speak to thr judge you have been very supportive and helpful thankyou so much xxx

[Desperate Daniella]

I can only think that the judge did not let you speak at the repossession hearing because you were not the legal owner of the house, despite the fact that you had contributed so much to the mortgage payments.

 

If you are representing yourself at the hearing on he 20th June you will be able to speak. You can take a friend with you, although they will only be there for support and cannot speak.

 

People come to CAG never thinking they can properly represent themselves in court, but they do. Many have successful outcomes but it is because they prepare well and have their arguments prepared and rehearsed. We have a few weeks to get you organized to do that, so start getting all the papers and evidence in order and ask any questions as you go along.

 

Your situation is awful and at the moment you stand to get nothing. I think you can do a better job than the solicitor who has represented you so far.