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  • ACG
    ACG Posts: 24,576 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    justali said:
    i know i can`t just take him off. I`m trying to say he hasn`t paid ANYTHING for anything since he left. And the law states he should pay half. 
    The law doesnt state that. 
    The divorce agreement might. 

    But in any event they are 2 seperate issues I think. 

    You have both had 18 years to sort this out. His argument could be that he did not want to force you out of your home if you were unable to raise the money to pay him off. 
    I am a Mortgage Adviser
    You should note that this site doesn't check my status as a mortgage adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice.
  • justali
    justali Posts: 10 Forumite
    Seventh Anniversary Combo Breaker First Post
     are still legally responsible for the full mortgage payment......lol didn`t want to force me out of my home !! the man was an abusive womaniser. its bcos he is sitting back nicely waiting for his share

  • justali said:
     are still legally responsible for the full mortgage payment....

    Is this what the divorce settlement says?

    justali said:
     he is sitting back nicely waiting for his share

    As he is specifically entitled to in the divorce settlement?

    Or otherwise, if the settlement actually said "shall continue to pay half the mortgage" (and the child support you were writing about earlier), why have you waited nearly 2 decades to do something about it?  It would have been an open and shut case years ago if "the law states it".

    That's the thing about legal agreements.  They don't care what you think about him, they are only concerned with a dispassionate assessment of what is actually written.
  • justali
    justali Posts: 10 Forumite
    Seventh Anniversary Combo Breaker First Post
    because he was abusive, so i`ve kept a low profile. But now the mortgage is comin to an end and i want to move towards my retirement home. 

  • BarelySentientAI
    BarelySentientAI Posts: 2,448 Forumite
    1,000 Posts Name Dropper
    edited 24 July 2024 at 8:36AM
    You still haven't said what the settlement agreed, or what "the law" is that you're talking about - but if I assume that everything backs up what you want:

    Then it sounds like you need to do two things 

    1.  Start a case for his breach of the original divorce settlement.

    2.  Make a request to vary the divorce settlement to give you a greater proportion of the house.

    I don't know enough to work out which order these need to be done in, if either can still be done, or if both could be rolled into a single case.

    Is there a divorce forum board that could help?
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