We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

please help partner has walked out on me

hi,
My partner walked out on me and our children on Friday night.we have a joint mortgage, out of the many problems i face in the next coming weeks there is one problem i am really concerned about.
I'm really worried that he may start getting credit cards or items on H P and run up debts that he has no intentions of paying them off, using the address. that we both share the mortgage with.
is there any thing i could do? like something from the solicitor like injunction
i would appreciate any advice as i'm so worried

thank you
«1

Comments

  • Tashja
    Tashja Posts: 1,215 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    I would go to the CAB first thing tomorrow and ask them a) what benefits you will be entitled to now and b) what you can do to stop him putting debts on the house.

    Sending you big ((hugs))

    I hope things work out for you.

    T xx
  • Bossyboots
    Bossyboots Posts: 6,759 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    He can't put debts on the house without two signatures (assuming the house is in joint names) unless he does so fraudulently for which he could end up in prison.

    Any debts he incurs in his sole name are his alone.

    Credit searches are not done on the property any more if that is your concern but you may need to notify the credit search companies to disassociate your name with his. Someone with more knowledge of how that works will no doubt bowl up shortly to explain properly.

    I don't think there is any scope in law for you to obtain an injunction preventing him from taking out loans etc.
  • MushyPeas
    MushyPeas Posts: 3,104 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker Debt-free and Proud!
    Sorry to hear your news millies, (((((big hugs))))) Good luck at the CAB tomorrow. Sorry I can't offer any advice.
    Previous debt: £14K :embarasse Debt free: Sept '03 :DMFW#42 Mortgage OP savings £4271.18/£12000 2019 :)Started dating OH Mar '12, married Oct '12, Walnut born Dec ' 12 :A SPC 12: 99 £38.05/£500 Make money Jan: £412.34/£310 :T Feb: £88.79/£280 May: £215.52/£310 June: £18.98/£300
  • millies_2
    millies_2 Posts: 20 Forumite
    i know mostly what benefits i can get and what i need to do next where all that is concerned as i have been through a marriage break up 9 years ago.
    the CAB told me before when i nearly broke up with my partner a couple months ago that i would have to seek advice from a solicitor but its all the expense.i just wanted to know if there is a injuction i could get so he cannot run up any futher debts.
  • millies_2
    millies_2 Posts: 20 Forumite
    thank you for the hug i so need it at the moment

    i know he cannot take loans etc at this address as he no longer lives here but if he runs up debts and does'nt pay them back and he ends up going for bankruptcy wouldn't my property (in joint names)be at risk even tho he's not living here? this is the situation i want to protect
  • catalina66
    catalina66 Posts: 653 Forumite
    Millies, as far as I know you can have half an hour for free with a solicitor, via the CAB, so if you write a list of questions/concerns before going, to fit as much into that half hour as possible, it may help a lot with putting your mind at rest. Hopefully someone'll be along soon who can confirm or advise about the free half hour, but I'm pretty sure it's possible. And maybe ask the CAB about legal aid. Good luck, Cat
  • millies_2
    millies_2 Posts: 20 Forumite
    thank you cat i will look into the free half or like you say someone will come along and advise me.
    thank you again
  • Bossyboots
    Bossyboots Posts: 6,759 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    The free half hour is something some solicitors give to try to draw clients in. I know where I live, there is not a firm within a 25 mile radius that offers this service. Even going to a firm suggested by the CAB does not necessarily mean you will get a free consultation. You might however be eligible for legal aid if you cannot find a solicitor in your area offering a free first appointment. This will depend upon your income, how many children you have and what their ages are, whether you have any assets apart from the matrimonial home and whether you or your partner are the one physically paying the mortgage.
  • catalina66
    catalina66 Posts: 653 Forumite
    millies wrote:
    thank you cat i will look into the free half or like you say someone will come along and advise me.
    thank you again

    Glad I could help, Millies. Just give your local CAB a ring and take it from there. Hope everything works out well. Cat x
  • chugalug
    chugalug Posts: 969 Forumite
    Just to clarify, if the mortgage is joint then both parties are jointly and severally liable for payments etc. This also means that the OP's ex is able to take out credit agreements in his name only but secured on the property. There is an order the OP can get to prevent this but can't remember the name. On Monday, get legal advice - either from a solicitor or the CAB who are able to put you in touch with a solicitor who specialises in the type of help you need. HTH
    ~A mind is a terrible thing to waste on housework~
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 352.3K Banking & Borrowing
  • 253.6K Reduce Debt & Boost Income
  • 454.3K Spending & Discounts
  • 245.3K Work, Benefits & Business
  • 601.1K Mortgages, Homes & Bills
  • 177.5K Life & Family
  • 259.2K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16K Discuss & Feedback
  • 37.7K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.