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Finances and Divorce

  • gohar shahi
  • gohar shahi's Avatar Posted by
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  • New Member
29 Aug 12 #352696 by gohar shahi
Topic started by gohar shahi
1) My age - 53 years
His Age - 59 years
3) one child, age 17, still in full-time education.
4) Religious ceremony in 1993
civil marriage 2008.

5) Background
I own 2 properties - one used as residential home and second was rented out.

My son and I were forced to leave our family home in January 2010 due to my ex husband''s behaviour. He refused to leave home and I offered that he could move to the second property and I would get rid of the tenant. He refused and said go through the court.

In February 2010 I got both properties valued by the local estate agents and gave my husband a copy of:
- valuations for both properties
- mortgage statements showing the outstanding amounts of mortgage on both
- all my credit card statements showing I owed lot of money
- my bank statement showing how much my account was overdrawn by.

I offered him again to move to second proprty as I had no money to pay solicitors.
We temporarily lived with my brother and his family approx. 25 miles (one way)away from our family home. We had to commute 50 miles everyday for me to attend work and my son to attend his school.

I appointed a solicitor to get him out of my house as my son was going through his first year of GCSE exams. Due to health problems it was extremely hard for me to drive long distances in bad traffic

My solicitor charged me lot of money and let me down badly and it took 6 months to get a court order to get x2b out of my house and he moved into my house that was rented out. I tried to do things amicably and to save my and his solicitors costs.He refused.
It was shocking that in the court he requested that he should be allowed to move into my 2nd house as I had offered him this already. My solicitor was aware of this and nothing was said in the court.
The Judge/the barrister/my solicitor none of them told me that I may have to pay the tenant a lump sum to get my tenant out.
I had to pay £2500 to the tenant to vacate my proprty. I feel I should have been advised of this in the court as I had given evidence in black and white that I was under lof debt.
the court should have ordered that Nazar pays for any such costs as well as my solicitors costs as he had refused to be cooperative in February 2010 when I had offered him to stay in the other property.
The property was finally vacated and he still refused to move into it. He insisted that whole house is painted and should be carpeted. He insisted I provide fridge/freezer/washing machine/double bed/ dining chairs and table/sofa/tv.
I was desperate to move back to my house and borrowed money from my siblings and did all this. I spent at least £2500 further to get all this done even though the court order did not say any of this but my solicitor refused to help me any further.
By end of July 2010 x2b moved out and I got the keys to my home to move in.
When we got in we found out he had taken everything, including my personal items like clothing. We had nothing to eat/cook from or even to clean the house that he had deliberately left rats droppings all over the kitchen.
I reported to my solicitor and he refused to talk to me and his assistance said to go to police. I went to police and they said it is civil matter and go to my solicitor.
We had no money to buy these things and no one to help us we went through hell. There was no phone connection as he did not pay the bills. Whilst he lived in my propert from for those few months I had to pay for all the bills and mortgage as he refused to pay any thing I got no advice from my solicitor.

The court order said he would have to pay for the mortgage once he moved into my second propert until finances were sorted out.
It took many letters to write to his solicitor to resolve the unpaid domestic bills that he was responsible for the time he was there and the issues of making mortgage payments on time etc.

We exchanged E forms in February 2012 and my form was fully documented however his was incomplete and despite several requests he has not given all his bank statements. He does not reply to any queries. It has already cost me another £1500 approx.
To minimise my costs and time I offered that either:
- he buys from me the house he is living in and I am willing to sell it at a lower price
- I sell the house and he keeps the net proceeds.

He wants lump sum and the house to be transferred to his name and this is not possible. The mortgage lenders will not transfer and I have large mortgage on both houses as well as credit cards & bank debts on my head.

Since I left him he has not paid a single penny for his child.

I am under lot of debt and can not afford any more solicitors fees and therefore would like to do everything myself if I can get some advice.

6) Properties

When I married him in December 1993 he lived in and owned the 2nd . He had £10000 mortgage arrears and lot of loans and unpaid bills. His house was in need of lot of repairs and he told me he was unemployed for many years and hence these problems.
I also owned a 3 bedroom house and my parents were living with me. I got married and moved out.
I paid off his mortgage arrears and loans from my savings and as I was already in full time employment and started to pay all the bills and mortgage on his house.
In 1994 against my wishes I acquired a leasehold shop in my name that he was to run a business of grocery and meat. He had refused to work for anyone else and I was expecting his child so I had no choice but to listen to him.
However he took on workers and would sleep during the day time whilst I was at my work and he run me soon into great debts. To save my marriage I sold my house where my parents were living and paid off the debts. Some money was left that was later used to purchase the house that I am now living in

A friend advised him that if he sold his house to me the money raised could be used to buy another property in better area and we could rent his then owned house.
This we did and the money left over from the sale was used to renovate the first house to make it suitable for renting out.

7)Financial Responsibilities

From the time we began living together in 93 I paid for everything:
-all household bills & clothing etc
- car
I have worked full time from 1985 to date and when I met him I had lot of savings and 3 bedroom house.
He did not work mostly other than when he had the shop for a fe2 years and mostly slept.
I have bank statements going back 12 years to show that I have paid all the mortgage and bills and he has jsut enjoyed sleeing all day and watching tv all night.

8) Child Responsibilities
He has done nothing for his child. I have always cared and paid for everything.

9)current situation - debts
- credit card debts approx £10,000
- overdrawn bank account £8000
- no savings

10) Properties in my name

a) - 2 double bedroom house currently occupied by x2b.
current value is - £175,000 and mortgage outstanding is ( i have asked my solicitor to provide a copy of the eform for this information.

b) 3 bedroom house currently occupied by me and my son. I purchased this property in October 2003 and have paid all the mortgage and bills.
I will send info when file in the next few days.

11) Outgoings & Incomings

I will send this information when i receive a copy of eform from my solicitor.

  • wikivorce team
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  • Moderator
  • Moderator
31 Aug 12 #353086 by wikivorce team
Reply from wikivorce team
Can anyone help with this?

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11

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