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FDR hearing -property not valued and lying husband

  • trolleydolly
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29 Apr 12 #327307 by trolleydolly
Topic started by trolleydolly
I have my FDR hearing booked for a week on Tuesday. The court had ordered at the First Directions Appointment that a joint valuation be performed on the French property due to the dispute as to its value. The property was bought for 200.000 euros and my husband had it valued at 120.000euros. I could not afford to travel to France to have the property valued and my husband refused to hand me they keys in any case. My online valuation valued the property at 278.000 euros which seems a little over the top considering the house needs renovating. I therefore do not know the true value of the house. It was agreed between solicitors for both parties that a joint valuation be performed by a Chartered Building Surveyor. Although yet to be confirmed by my solicitor, it seems that my husband has not paid his share for the valuation so it will not be going ahead. How will the courts view this and what is the likely next step?

My husband also declared on form E that he earns an income of £15,000 a year when the reality is much, much greater. He paid a total of nearly £2,800 in mortgages during the whole marriage and we enjoyed a comfortable lifestyle. The minute I separated and announced the word ''divorce'' he stopped paying the mortgage (in joint names) on the property where me and my daughter currently reside, it was consequently changed to ''TEMPORARY interest only'' so that I could afford the mortgage payments. Two months before the First Directions Appointment he also stopped paying the mortgage on the French property (also in joint names) as he is now claiming he cannot afford it. Incidentally, I changed my work contract to part-time (permanent)once my daughter was born. Funnily enough, during voluntary disclosure, he suggested that he keep the French property and FMH (FMH in his name-minimal equity) but now he is saying he cannot afford it. My solicitors tell me that the case will have to go to a contested hearing to get to the bottom of his true income so that I may be able to claim spousal maintenance so that I can pay at least the mortgage on the house where I am residing with my daughter. Why is this the case? Why can''t this be resolved at the FDR? I cannot afford a contested hearing. I don''t know how I''m going to afford the mortgage payments on this house in 6 months time. Are the courts going to allow me to end up in a council house with my daughter whilst he sits in a modern/comfortable 4 bed detached house and lives a standard of living whereby he enjoys meals out, weekends away and four foreign holidays a year?! Please help.:unsure:

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