The UK's largest and most visited divorce site.
Modern, convenient and affordable services.

We've helped over 1 million people since 2007.

 
Click this button for details of our
email, phone nbr and free consultations.
 

How bad does it get?

  • rob1969
  • rob1969's Avatar Posted by
  • Premium Member
  • Premium Member
More
13 Aug 09 #138452 by rob1969
Topic started by rob1969
Hi,
After incurring £12k of solicitor fees and more to come, I have been advised by the solicitor that my Ex can win the Sale Order she is trying to obtain. In her statement she has lied about everything, stating that I never worked, although I have evidence of this, I have never paid her child maintenance, we agreed on £200 per month and I paid her cash, when I picked my son up, this was for almost 10 months until she moved 200 miles from me, after a short break been paying her via Csa ( break was for when I was not working). Before she left she tried to sell the house, even the estate agents did not know of me, and I have their entire records also written letter from the estate agents to my solicitor stating they did not know of my existence. Joint loan of £22K, which has cost £37K in payments and £7K is till owing, she organised the loan, however paid it into my account, and the loan was used for joint purposes. I have statement showing this, but she still denies the money was also used for her purpose.

She Claims I agreed to pay the mortgage until the property sold, when she moved out. There was no agreement as matter of fact she stop taking all calls we where not on talking terms and have never been. she and her boyfriend who was a director at a large company both got dismissed as they were trying to get relocation package for her to move in with him, used my Id and forged my signature. Although the house sold, it was the house did not sell due to her committing fraud. She put the property on the market without my agreement; I did not say anything, when the house sold everything came to the open.
I have sent all evidence, bank statements, Mortgage records and loan records, work history from Inland Revenue etc.
We were not married, I am offering to buy her interest out of the property and my new partner has the money in cash to buy her share out, Can the court see we have the money, therefore why would they order the house to sell, surely they should do equitable accounting and help to settle the matter, I do not think know is the best time to sell the house and also will struggle to get a mortgage because of a bad credit history.

Do you have a similar experience?

  • Micky74
  • Micky74's Avatar
  • New Member
  • New Member
More
14 Aug 09 #138475 by Micky74
Reply from Micky74
Hi , i am in a similar situation , almost to the exact word , at the moment.One point to remember is that legally , any debts occured whilst you were a couple..regardless as to who has their name on the account...you are both liable for them. The legal term is 'jointly liable in severance'. Good luck,Mick.

  • LittleMrMike
  • LittleMrMike's Avatar
  • Platinum Member
  • Platinum Member
More
14 Aug 09 #138508 by LittleMrMike
Reply from LittleMrMike
Mick, the legal term is ' joint and several ', but for Rob's benefit, your liability to the lender is separate and distinct from the liability for the debts between yourselves.

Rob, your starting point has to be the deeds and what arrangements you made when you bought the property in question.
As you are not married, you are in the realms of property law here.

Why is your former partner objecting to a buy out ? I am all for pragmatic, common sense solutions. I'm sorry, this not a cop-out. To advise you properly it would be essential to see the deeds and you have a solicitor.

Mike 100468

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11

Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.

 

We can help you to get a fair financial settlement.

Negotiate a fair deal from £299

Helping you negotiate a fair financial settlement with your spouse (or their solicitor) without going to court.


Financial Mediation from £399

Financial mediation is a convenient and inexpensive way to agree on a fair financial settlement.


Consent Orders from £950

This legally binding agreement defines how assets (e.g. properties and pensions) are to be divided.


Court Support from £299

Support for people who have to go to court to get a fair divorce financial settlement without a solicitor.