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help! a very stressed sarah!

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14 Jul 09 #131216 by SarahBirch123
Topic started by SarahBirch123
Hey, new to the site and need some advice! Brief description so far - husband left 2 years ago after 3 months of marriage. Wedding/honeymoon/new car all paid for by me by credit card and loan (all in my name as he wouldn't apply). House is in my name and was/is mine from before we met. Is he entitled to any equity I have in the house? Is it worth me going to the small claims for half of wedding/honeymoon? Am now in serious debt and house is in the process of being rented as I cannot afford to live there due to repayment of debts (he offered to help when he left but now refuses). Please help!!

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14 Jul 09 #131221 by dukey
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After three months of marriage and a house you owned before marriage he is not entitled to any equity, you should sort the finacial side and have a Consent Order drafted to end your finacial ties once and for all.

I doubt you will have any joy from small claims court, personal debt accrued before marriage will probably remain yours, maybe it would be worth talking to the CAB if you do make an appiontment first to save waiting.

Dukey

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14 Jul 09 #131230 by SarahBirch123
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Thanks Dukey, much appreciated! I did see a solicitor for advice a while back and she said that because of the nature of what the debt was for - the wedding etc., that i should be able to claim something from him even though it was in my name. Just want to get it all sorted but at the same time i don't want him to be let off the hook (if you know what i mean) because he has caused me and my children (from a previous relationship) a huge amount of disruption as i no longer live at my house as i can't afford to.

Will definitely take your advice and talk to the CAB and have a consent order drafted.

Thanks again!

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14 Jul 09 #131236 by dukey
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Hi Sarah

The consent order works in tandem with the divorce, you need the Decree Nisi before it can be done, then when both sides agree the order it goes to court to be sealed (stamped) by a district judge then once you have the absolute the consent order is legally binding and no futher fiancial claims can be made by either party on the other.

Dukey

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14 Jul 09 #131249 by SarahBirch123
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Great, thanks again!

S.

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