Hi, so after finding out my extb had stopped paying the mortgage since august after CSA got involved i've had enough, have today had estate agent around to put FMH on market, what else can i do?, if it ends up being repossessed myself and my son will be left with nothing, with no financial help as apparently my extb has not been paying any tax/NI for the last ten years, was bringing home minimum of £2600 per month which varied as he is a contract draughtsman for his dad (barefaced lying to me when I've asked all these years "don't you need to do tax assessments, pay tax bill?" etc "oh no he replied, dad takes amount out of my wages each month, to be put aside for annual tax bill, accountant does it") so now he faces huge bill , has now got huge reduction in earnings as he will have to pay it back so we will be truly screwed! CSA have told him he doesn't have financial/legal interest in property as there is a caution with land registry?? so therefore any payments made on mortgage will be taken into account so he will be paying about £10 pw!, so meanwhile we have had no financial help from him since august and we are struggling, he's known this and sat back knowing he wasn't paying anything, taking his son every Thursday and every other weekend going out spending money on a car, new setup/home with his bit on the side trips to cinema/restaurants/treats/presents for our son all which i'm unable to do with him as i've got bills to pay and don't earn enough to feed us sometimes! and where does my solicitor stand with all of this, oh sit back and wait for repossession order! I feel like a second class citizen when it comes to her, i'm sure if i was paying her fees i'd have all of extb's financial information as i gave all of mine in form E back in November and i would be in a far better situation knowledge wise to know if extb is leading me up garden path. I'm at my wits end sometimes i just wish he would just do the right thing, i can't believe this is the same man i married 13 years ago, if there was any candidate that needed 'naming & shaming' he would be top of the list!!! Sorry to rant on but am i doing the right thing??
If you can get the mortgage up to date do so, see if there is a 'holiday clause in the original agreement
DO NOT borrow to bring mortgage in-line, seek CAB advice or other they will point you in the right direction, useful phone numbers etc.
Do not name and shame, causes friction and def won't be helpful to your cause.
If he does not provide correct information in form E, challenge it, he will have to support his claims by way of bank statements etc..
If you can prove that he has been earning plenty in the past, then he has to prove why suddenly he is supposedly earning a lot less now, his debts i.e. Tax/NHI could theoretically be partly down to you, seek the advice you need and act on it.
Debts incurred in marriage are generally treated as 'joint'