Blackmailing ex partner wants my house or else

Guest101

breaking_free wrote: »

Let me put it another way.

I say to you, Guest 101, your father has committed an offence against me and I'm not happy about it. I want you to give me lots of money and then I'll leave your father in peace. However, if you don't pay up...

Yes if I don't pay up, you'll take action against my father, not me.


If I pay you, I can come to a deal with my father (totally separately from this deal) where he owes me what ive paid you

swingaloo

If thats not blackmail then what is?

He isnt saying 'Give me money or I will take you to court'. He is saying 'Give me your property at a fraction of the price or I will clean out your father'.

The father was wrong to do what he did but that is between the ex and the father. The ex should not be threatening the poster.

A letter before action is used when someone owes you something, the OP does not owe the ex anything.

breaking_free

missbiggles1 wrote: »

Quote
"He refuses to divorce me as he thinks there's still money to be made from me. We've been separated for more than two years now."

You should be divorcing him, not the other way round - he doesn't need to agree to it.

I'll re-word my original statement: he refuses to grant me a divorce. He won't give me an address to serve the divorce papers and has repeatedly told me "There's no way you're getting a divorce." I will have to wait till 5 years is up and then divorce him without his consent.

breaking_free

swingaloo wrote: »

If thats not blackmail then what is?

He isnt saying 'Give me money or I will take you to court'. He is saying 'Give me your property at a fraction of the price or I will clean out your father'.

The father was wrong to do what he did but that is between the ex and the father. The ex should not be threatening the poster.

A letter before action is used when someone owes you something, the OP does not owe the ex anything.

Thanks Swingaloo, that's the way I look at it.

Guest101, no offence intended but I do sincerely hope that you are wrong.

In any case I've just contacted a solicitor to see if I can get a free half hour consultation to discuss whether this is indeed blackmail and if so, what action I can take against it. When I get an answer to that I'll let you all know (expect that will take quite a few days).

Guest101

swingaloo wrote: »

If thats not blackmail then what is?

He isnt saying 'Give me money or I will take you to court'. He is saying 'Give me your property at a fraction of the price or I will clean out your father'.

The father was wrong to do what he did but that is between the ex and the father. The ex should not be threatening the poster.

A letter before action is used when someone owes you something, the OP does not owe the ex anything.

No the ex doesn't, but the ex could settle on her fathers behalf. There is no threat to the OP!

Guest101

breaking_free wrote: »

Thanks Swingaloo, that's the way I look at it.

Guest101, no offence intended but I do sincerely hope that you are wrong.

In any case I've just contacted a solicitor to see if I can get a free half hour consultation to discuss whether this is indeed blackmail and if so, what action I can take against it. When I get an answer to that I'll let you all know (expect that will take quite a few days).

Blackmail is a criminal offence, unless you have £50k to bring a private prosecution the only action you can take is to report it. Which you have.

I'm not wrong, and others are trying to give you moral support, which is admirable, but ultimately won't help you.

Here's a good read: http://www.inbrief.co.uk/offences/blackmail/

Notice the bit about the demand being 'unwarranted'

itsanne

breaking_free wrote: »

I'll re-word my original statement: he refuses to grant me a divorce. He won't give me an address to serve the divorce papers and has repeatedly told me "There's no way you're getting a divorce." I will have to wait till 5 years is up and then divorce him without his consent.

If you know, or can find out, where and when he's appearing in court, could you have the divorce papers served then?

paddy's_mum

I'm pretty sure that the Court can deem papers served in circumstances where the spouse refuses to co-operate.

Secondly, in a divorce, the Court (not your estranged husband) decides what is fair given all the circumstances and I'd bet my bottom dollar that they won't allow him to walk off with 80% of the matrimonial assets.

If he categorically refuses to submit his financial details, courts generally can deal with that in a pretty common-sense and straightforward manner too.

I suspect your husband is in for a few shocks! Good luck.

Guest101

paddy's_mum wrote: »

I'm pretty sure that the Court can deem papers served in circumstances where the spouse refuses to co-operate.

Secondly, in a divorce, the Court (not your estranged husband) decides what is fair given all the circumstances and I'd bet my bottom dollar that they won't allow him to walk off with 80% of the matrimonial assets.

If he categorically refuses to submit his financial details, courts generally can deal with that in a pretty common-sense and straightforward manner too.

I suspect your husband is in for a few shocks! Good luck.

The 80% is damages for the assault not for divirce

paddy's_mum

It's not. It is the price the husband expects to EXTORT from his wife in exchange for not pursuing a civil claim against someone totally separate from the marriage. A man as dishonest as this is going to keep his word in the future, is he?

By commencing divorce proceedings, the wife can scupper this plan as any disposal of assets is frozen on issue of proceedings and those assets are dealt with by the courts - who can set aside multi-million pound arrangements if they so chose, in the interests of matrimonial fair play.

A built-in protection, which is why I advocate the prompt issuing of proceedings.