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On a DMP but ex-husband gets off scot free!

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  • RAS
    RAS Posts: 35,646 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    OK

    If he goes BK, he has to tell the OR about any assets that he has disposed of in the last few years.

    If you advise the OR that as the joint mortgagee, he owes money to you and that he has disposed of assets, the OR will demand their return. If he does not play ball, he will be in trouble (not discharged from bankruptcy, possibly given a BRO or BRU which will affect him for a lot longer than the 12 months max he would normally be BK)
    If you've have not made a mistake, you've made nothing
  • ohcrap
    ohcrap Posts: 49 Forumite
    Thanks that is really helpful. It's a shame I cannot act now but instead have to wait until he actually goes bankcrupt before I can drop the b**tard in it!! I'm sure he will not tell the OR of his disposed assets!!

    Do you happen to know if they can prove the assets abroad?

    Thank you X
  • RAS
    RAS Posts: 35,646 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Hi

    I do not know tha answers on this, which is why I strongly advise you speak to CLA, as they can help you with that.

    if you post on the BK forum, someone may know about moving assets abroad.
    If you've have not made a mistake, you've made nothing
  • eira
    eira Posts: 611 Forumite
    Gather documentation of ALL the accounts that you can find-whilst you remain married this is easier to do.Don't let a solicitor do this-they aren't thorough enough or caring enough approach them when you have the documentation-use a financial advisor to review the finances. Beware pension/annuity projections done without specialist help and ensure that you clarify the situation for all institutions with which you have joint accounts-ensure that all correspondence comes to you. (My ex set up PO Boxes that he got details of my account sent to-I only found this out by accident). You know the other party/their resources and the likely places that the money will have been hidden in.

    As for overseas accounts-depends where they are.Don't be fobbed off with 'it's so difficult you will never succeed in accessing them etc. If they are in the US and you are owed money there are federal routes you can go down to access them.I think US attorneys are so expensive that there are easy trails to DIY money owed to you. There are reputable forums on which there are attorneys that give general help.

    Don't let anyone rush you into a divorce-you have 5 years before the pressure is on. As long as the marriage remains in place there is a bargaining stance and control over money issues. This is especially the case where there are substantial assets and inheritance issues with post-18 year olds.
  • beanielou
    beanielou Posts: 95,551 Ambassador
    Part of the Furniture 10,000 Posts Academoney Grad Mortgage-free Glee!
    Panda~How long s your DMP for?
    I would seriously think about bankrupcy.
    I am a Forum Ambassador and I support the Forum Team on Mortgage Free Wannabe & Local Money Saving Scotland & Disability Money Matters. If you need any help on those boards, do let me know.Please note that Ambassadors are not moderators. Any post you spot in breach of the Forum Rules should be reported via the report button , or by emailing forumteam@moneysavingexpert.com. All views are my own & not the official line of Money Saving Expert.

    Lou~ Debt free Wanabe No 55 DF 03/14.**Credit card debt free 30/06/10~** MFW. Finally mortgage free O2/ 2021****
    "A large income is the best recipe for happiness I ever heard of" Jane Austen in Mansfield Park.

    ***Fall down seven times,stand up eight*** ~~Japanese proverb.
    ***Keep plodding*** Out of debt, out of danger. ***Be the difference.***
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