Want to sue ex for joint debts i paid off

moneyangel22

Hi,

As the title states...I paid off some joint credit cards and loans 2 years ago, some in both names, some in mine and some in his...all of which were used to purchase items for both of us (but mostly things he wanted). This was never dealt with in our divorce as it was all agreed privately and forgotten. We still have a house and a mortgage in joint names which is rented out and all problems i pay for so when i sell it all the money will come to me. I have now come to my senses and realised it wasnt fair that he didnt contribute to £20k+ of debt and i wish to reclaim half from him. I have asked him for it but of course he pleads poverty!
Just wondering what is the easiest and cheapest was to get this money back? Would the mortgage provider do some sort of split on the mortgage? (Its YBS). I am reluctant to go down the small claims route as I know it takes ages and they probably wont be able to get much out of him (he says expenditure exceeds income!).

Any thoughts welcome.

thanks

poppyscorner

Hi,

I'm no expert but didn't want to read and run.

I think it will be a long drawn out process tbh I think you will need to prove what the money was used for and that you paid it all. There is also a limit on the amout you can claim in small claims but not sure what that is only that I don't think it's as high as 10k.

I hope you do manage to get somewhere as it stinks I think but it may cost you quite a bit to do so.

Good luck with it someone who is more useful will probably be along soon xx

Mupette

moneyangel22 wrote: »

Hi,

As the title states...I paid off some joint credit cards and loans 2 years ago, some in both names, some in mine and some in his...all of which were used to purchase items for both of us (but mostly things he wanted). This was never dealt with in our divorce as it was all agreed privately and forgotten. We still have a house and a mortgage in joint names which is rented out and all problems i pay for so when i sell it all the money will come to me. I have now come to my senses and realised it wasnt fair that he didnt contribute to £20k+ of debt and i wish to reclaim half from him. I have asked him for it but of course he pleads poverty!
Just wondering what is the easiest and cheapest was to get this money back? Would the mortgage provider do some sort of split on the mortgage? (Its YBS). I am reluctant to go down the small claims route as I know it takes ages and they probably wont be able to get much out of him (he says expenditure exceeds income!).

Any thoughts welcome.

thanks

Ok so you agreed privately and it's all forgotten.

if he is pleading poverty and has no money, what do you want from him, or is it revenge for past misdemeanors?

mackemdave

Are you saying you are divorced and have a clean break consent order? If so it is obviously that full disclosure didnt take place,ie the full amount of debts were not disclosed.You would need to go back to court,very very expensive route,to have the CO re drawn.Judge,if it got that far,would not be very sympathetic and could throw the whole thing out......Best advice try to agree something between yourselves,if not put it down to experience and move on

newcook

Similar thing happened to me and ex OH though not for as much money. At the time I felt the same as you do and questioning why the hell he should be able to just walk away from a joint debt – however, after a while I realized it was a small price to pay for getting rid of such an @hole!!!!

If I were you, I would take it on the chin and not pursue it – I am a firm believer in what goes around comes around!

OrkneyStar

You are solely and jointly liable for joint debts are you not ?

trufflebuggy

I'd be more worried about ensuring that the house was solely in my name.... surely if he's still on it then he can argue it's his too and upon selling he'll be after his share.... especially if he's skint!

Pee

I would check with a solicitor what will happen with the house.

I wouldn't take much advice on how to sue him - if he has nothing, you will get nothing - first rule of litigation. If he has a high income and high unneccessary expenses then maybe there would be a point to this, but I don't see how you can reach one agreement - I'll pay off the debts and keep the house and then change to, I'll keep the house but you can pay me half for the debts...

brians_daughter

moneyangel22 wrote: »

Hi,

As the title states...I paid off some joint credit cards and loans 2 years ago, some in both names, some in mine and some in his...all of which were used to purchase items for both of us (but mostly things he wanted). This was never dealt with in our divorce as it was all agreed privately and forgotten. We still have a house and a mortgage in joint names which is rented out and all problems i pay for so when i sell it all the money will come to me. I have now come to my senses and realised it wasnt fair that he didnt contribute to £20k+ of debt and i wish to reclaim half from him. I have asked him for it but of course he pleads poverty!
Just wondering what is the easiest and cheapest was to get this money back? Would the mortgage provider do some sort of split on the mortgage? (Its YBS). I am reluctant to go down the small claims route as I know it takes ages and they probably wont be able to get much out of him (he says expenditure exceeds income!).

Any thoughts welcome.

thanks

If you have a house in joint names and you are going to get all the equity (assuming it covers has potion of the debt) then i think you must see this as in exhange for you paying the debt. Is this agreement legally binding - ie he cant change his mind and decide he wants 1/2 later down the line?

All these things should have been sorted at the point of divorce. I assume if you had asked for the 10k then he would have asked for 1/2 the equity..so maybe its swings and roundabouts (dep on equity figures at point of sale)

FBaby

brians_daughter wrote: »

If you have a house in joint names and you are going to get all the equity (assuming it covers has potion of the debt) then i think you must see this as in exhange for you paying the debt. Is this agreement legally binding - ie he cant change his mind and decide he wants 1/2 later down the line?

All these things should have been sorted at the point of divorce. I assume if you had asked for the 10k then he would have asked for 1/2 the equity..so maybe its swings and roundabouts (dep on equity figures at point of sale)

Who pays the mortgage on the house and who gets the rent income? I think a lot depends on this and how much equity there is. If he is happy to give the house up to you (in exhange for debts?), why isn't he doing so now?

moneyangel22

mackemdave wrote: »

Are you saying you are divorced and have a clean break consent order? If so it is obviously that full disclosure didnt take place,ie the full amount of debts were not disclosed.You would need to go back to court,very very expensive route,to have the CO re drawn.Judge,if it got that far,would not be very sympathetic and could throw the whole thing out......Best advice try to agree something between yourselves,if not put it down to experience and move on

The debts were paid off before I started divorce proceedings so it never occurred to me to list them.
I am going to try and do this through the county courts. I have made contact with him and he states he cant afford to pay me anything but i know he is working and has assets etc...its not revenge I seek, just repayment of a LOT of money which could have helped me through some difficult financial times.