Divorce/Financial Problem - Advice please

RAS

I think the starting point is a Subject Access Request to the mortgage provider. That way she gets a copy of every single instruction given re the account. She needs to ask for copies of e-mails, telephone calls as well as documents.

Once she has all that together, she probably needs a good lawyer for advice.

Wikidivorce will be a good starting point but because of the complexity, I think she needs to speak to a lawyer and get their advice as to what she asks for in the finacial settlement.

Is the ex paying maintenance?

And I would bet that the ex had already met the new partner before he went to Aus. This was carefully planned and executed.

shoe*diva79

RAS wrote: »

I think the starting point is a Subject Access Request to the mortgage provider. That way she gets a copy of every single instruction given re the account. She needs to ask for copies of e-mails, telephone calls as well as documents.

Once she has all that together, she probably needs a good lawyer for advice.

Wikidivorce will be a good starting point but because of the complexity, I think she needs to speak to a lawyer and get their advice as to what she asks for in the finacial settlement.

Is the ex paying maintenance?

And I would bet that the ex had already met the new partner before he went to Aus. This was carefully planned and executed.

Thanks. Re the Maintenance, as and when. Agreed to £300 per month and then he dropped it to £98 per month. Sometimes she gets it, sometimes she doesn't. I suggested she try REMO butt she is reluctant. The way she looks at it is £98 is better then nothing because when he gets wind that Aus CSA are involved he will stop it.

Yes, we think that as well. Although he hadn't actually been to Aus before and the 'other women' is Australian. He no longer bothers contacting his daughter (I find so sad as they were extremely close). I did some digging online and can see that he is looking at buying a property (he posted a pic on Facebook which clearly shows address of potential property) and that he is currently renting an apartment since Sept 2012 with his girlfriend.

I will suggest a subject access request to the mortgage provider, thank you.

RAS

As part of the divorce settlement she needs to get a maintenance order in. She will need that in order to get the CSA in Aus to take any action.

She is wise to stay interest only until the financial settlement is finalised.

However, I suspect that she will struggle to get a mortgage and may therefore find it impossible to get his name off the deeds. If that is the case, she might want to ask the lawyer about severing the tenancy on the house.

shoe*diva79

D you think the fact he has done a runner with all the cash and no paid anything into the mortgage since the point the equity was zero, that he will be entitled to any financial gain?

RAS

I would rather hope that the judge might make some sort of order for recompense but could see that as a problem (delay the closure).

What she really needs is to get him off the deeds and to protect her future interests.

I do think she should ask for a decent maintenance sum. Even if she does not enforce it immediately.


Has she written a new will since the event?

shoe*diva79

Also, can she have him ordered to sell the house? Surely he cant just refuse to sell it and still gain some equity when he decides in several more years?

My friend can afford to get the mortgage alone. The only thing that would stop her is the IVA which ends next year.

RAS

Your friend has to declare any insolvency arrangment ever made for the rest of her life; that will affect her ability to get credit. Secured credit is easier though.

What she thinks she can afford is nothing to do with what the mortgage provider agrees to provide.

At some stage she needs to talk to a whole market advisor as they will be better able to get her a deal; unless her current provider would play ball given that they have the documentation to support the fact that she was ripped off.

She will needs to talk to the lawyer and a financial advisor about the implications of coming off the "housing ladder" by forcing a sale and going into rented for a few years and staying on the housing ladder given how hard it may be to get a mortgage in her circumstances and not being able to get his name off the deeds.

She really does need a good divorce lawyer but start with wikidivorce so that she can ask the right questions. The actual divorce she can do herself but the financial settlement need proper advice.

And remind her that if he buys somewhere overseas, she may be entitled to part of that (technically anyway) particularly as it would be purchased with some of their equity.

So a ferret round some Aussie web-site about whether she can put the equivalent to charging orders on might be useful.

shoe*diva79

Thank you so much. You have been really helpful. Appreciate it.

carolan78

I'm not 100% certain how it all works but if the Hubby buys a property in Australia and owns 50% of any equity wouldn't that also go into the financial pot along with any other assets he may still have?

shoe*diva79

Just passed all info to friend. Se is very grateful. Other thing she mentioned was that he emailed her telling her she can have the house. I guess this wouldn't mean anything in a court?