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husband left the country

  • left2cope
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26 Apr 12 #326729 by left2cope
Topic started by left2cope
Hi
I was just looking for some advice.
To cut a long story short,after being married for over 7 years my husband decided he was leaving and hence i have recently filed for divorce. I have twins under two.

My question is this. I was the main earner in the marriage for the last 4 years.He has gambled and invested in stocks without my permission and this along with a loan for extending the house has left us in a huge amount of debt.
The current position is as follows:
equity in house;17500 joint mortgage
HP loan in his name 1300 but car in my name now.(should i continue to pay this)
Joint current account: 9870 overdrawn
joint home improvement loan 33200 to be paid
credit cards in my name: 14500
He used my credit cards without my permission and also transferred (again without my permission), 4500 from the current account into one of my cards on an interest free offer.
He has left the country and is apparently going to be incarcerated abroad for 3 years.
He has refused to either take up half of the debt or sign over the house and has not paid a penny in maintainace since the children were born.
He has also suggested that as he is going to be in prison soon. I will not be able to apply for a financial order through the court and canot get an order for maintainance either.
Is this correct?

Does this mean that i just have to pay the entire debt and what do i do about the house. I do not want to keep paying off the mortgage adhave him come back and ask for his share later on.

pls help as i am currently sinking further into debt every month and cannot juggle things much longer.
Thank you

  • LittleMrMike
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26 Apr 12 #326733 by LittleMrMike
Reply from LittleMrMike
Hmmm - what an awful situstion.
Well, as a start, you need to limit his ability to run up further debts for which you could be held responsible. This, I think, will involve closing your joint account and all your credit cards. It may not help you very much but will prevent the situation getting worse.
The first thing that I would do is to find out who is legally liable for these debts. If you can show the credit cards were used without your permission, you may be able to avoid liability.
Does the equity take account of the improvement loan ?
Can you get an order for maintenance if he is in prison ? Well, yes, but how much that would be worth is dubious as if you are inside there will be no earnings. He seems to be the kind of person who would not pay even if he had the means.
It would be well worth your while however, getting a nominal order for maintenance, It may mean very little but I''d do it.
There is little doubt in my mind a Court would transfer the FMH to you outright in view of this appalling history. And other assets he has you could take ?
Check all your benefits and make sure you are getting all you are entitled to.
It''s hard to construct a plan for dealing with your debts without knowing much about your means. The one thing I can offer you is an assurance that, come what may, you will be left with enough for you and your children to live on.
Well, there''s a start. The immediate issue is limiting your exposure to further debt.
LMM

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26 Apr 12 #326739 by left2cope
Reply from left2cope
Thank you so much for replying.
I have already blocked his access to the credit cards and the bank account.
So hopefully the children and i are safe on that count.
the equity is before the loan unfortunately so the net result is just debt,and lots of it.
I was given the impression thatas he would not have means to communicate i could not expect a financial disclosure and therefore could not file for any financial order.
so can i ask the court for thehome during the divorce proceedings or is it a seperate application?
he had a home abroad but has transferred it to his uncles name recently.Nothing else now in the form of assets i think.
thank you again for the reassurance as my biggest fear is losing the home and not being able to provide for the basic needs of my children.

  • hadenough2000
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04 May 12 #328409 by hadenough2000
Reply from hadenough2000
I would contact a debt charity like the CCCS immediately. They have been excellent for me and will help you work out what to pay and to whom. They will be able to help you to prioritise your debts.

Dont''d worry that''s for sure ad you are doing the right thing which is asking for help.

You then need to look at divorce and issues concerning your husband but in the first instance it sounds like you need to assume he is not around and make your own way.

I wish you well.

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