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  • maude
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01 Jun 08 #24240 by maude
Topic started by maude
hello everyone

stumbled on this site when I was trying to look up some of the timescales for how long various aspects of a divorce can take. I've found this site helpful in translating the solicitor speak in some of the correspondence!

My partner is divorcing his wife. when we got together they were amicably seperated, she is living with her new partner and his children and we are in a serious relationship but live seperately at the moment.

They decided to sell their marital home and divide the small amoiunt of equity between them before divorcing. Things then became less friendly as my OH has had to pay for the mortgage along with his rent as she has no money as is unemployed. What we are finding the most stressful is that his ex doesn't seem to have her life affected by the divorce. she is being maintained by her current partner but seems to expect my OH to pay all of her debts and then some. Is this normal??

Look forward to talking to some of you. All we want is a fresh start and I thought she would want the same but as she isn't forking out money every month I'm worried this might drag on for ages :(

M x

  • dawn1
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01 Jun 08 #24301 by dawn1
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hi maude,
divorce can take a long time to get sorted especially when finances are concerned.
how far along is he in the process and does he have any children?
as regards the mortgage your partner should only really be paying 50% of the mortgage, he shouldnt be paying for any other bills, apart from maintenance for the children if he had any. the financial side can be quite daunting and expensive.
i would ask the solicitor for an estimated time frame and and estimate of cost as it might not be worth him doing anything apart from seek a Clean Break order and get a divorce.
If you could supply more information regarding his finances and stage he is at the moment we could go into more depth.
i hope this helps
kind regards dawn

  • jay9376
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02 Jun 08 #24378 by jay9376
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Just a thought.. unless his name is on the mortgage deeds / debts, why would he be paying..?

  • maude
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02 Jun 08 #24381 by maude
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they sold their marital home at the end of march. the equity from this was supposed to be divided equally between them but they had an agreement to use this to pay off the overdraft on their joint bank a/c so it could be closed. My OH's ex instructed her solicitor to request the money is held for the time being, in the meantime the a/c is racking up interest charges which my OH is paying. She also took out two loans in my OH's name, claiming he knew about them. This is fraud but he didn't go to the Police as thought it might make the divorce proceedings more difficult. She was on a bursary as is studying so doesn't have an income as such. She initially made a contribution to the mortgage but in the end my OH had to pay it or he would have got bad credit. We have racked up a list of these costs but I don't see how he will get the money back as she has no income. We're more concerned that she will expect my OH to pay her debts too. My OH completed his form E months ago but apparently she has only jsut completed the first draft and now wants to issue financial proceedings to keep to the court timetable but it isn't us who is delaying the process. We are so fustrated! :S

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02 Jun 08 #24382 by jay9376
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Hi.. sorry to hear the frustration you are in.. i was in it and still am in it.. to some extent.

I am currently going through a process where we have to sort out debts mainly in ex name.. but legallyi have been told, if you can proove the loan taken out was fraud,

a) The fraudster is commited and offence and it is a serious penalty
b) If the loan (I am assuming it is joint) can be prooved FRAUD, it can not be legally enforced.

Perhaps following the FRAUD avenue as well as the divorce.

Speak to the loan company (s), explaining them it was frud, and request copies of all paper work, signatures, where the monies went too.

May scare the loan company and or ex...

good luck.

  • maude
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02 Jun 08 #24385 by maude
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Problem was it was all done online and the ex took it out in my OH's name. When we phoned the bank asking how this was possible as we hadn't signed any paperwork they said it can all be done online by entering an internet banking password, the ex knew her husbands :(
Very difficult to prove.

Generally though if she is living with her new partner, my OH and her have no kids, he has a good job, she is a student..will he still be expected to pay her a lump sum?

thanks for all your help

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