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is this fraudulent or financial abuse?

  • fatbloke48
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17 Apr 16 #477030 by fatbloke48
Topic started by fatbloke48
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My estranged wife i have today found out from october last year been running up huge debts by transferring 5000 onto a blank card from interest free cards taking out 6 of these cards over the same couple of days

as of seperation in january this was 20k transfered but as of today total balance is is 39k

she has clearly been syphoning this into bank account as overpayments on cards and withdrawing it @ 300 a day from cashpoint,

now heading for divorce now shes been sussed and forcing house im still in with children for sale

I had already cleared her cards in 2014 from 20k as it was thats still in my name making nearly 60k shes run up with nothing to show

without taking legal advice tomorrow im worried sick right now , surely she has committed some sort of offence of fraud here?

any advice would be greatly appreciated

  • hadenoughnow
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18 Apr 16 #477035 by hadenoughnow
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Are the cards all in her sole name? If they are then it is a matter for her and the credit card companies.

You say she is forcing the sale of the house. Well that may not have to happen depending on circumstances. How old are the children? In any case the sale can only be forced by a court.

It may be an idea to check with a solicitor how you can financially disassociate yourself from her while you sort out the divorce. Post separation debts would almost certainly be her problem unless she could prove she used the money to cover essential needs. I am not sure where you would stand if she was made bankrupt but you need to do what you can to protect yourself in case that happens.

When you sort out the finances, she will be asked to provide bank and credit card statements going back at least 12 months. If she has recklessly spent money, a court may see this a dissipating assets and take a dim view. You can only have a legally binding financial settlement once you have a Decree Nisi so it is probably a good idea to get on with it.

Hadenoughnow

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18 Apr 16 #477039 by fatbloke48
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They are in her sole name , I had already stupidly cleared her debt in 2014 for around 18k by transferring to int free cards in my name (stupid in hindsight i know) which gave her the credit rating to be able to do this again , the deal was i did that she would get a loan to consolidate everything and pay it off

Of course never materalised !

Did get legal advice today but wasnt great or concrete but did imply that i could argue the debt was artificially created and therefore equity from the house shouldnt come into it?

Alo i could have been coerced into taking on the original debt so could be classed as financial abuse meaning not liable or maybe even charged back to her?

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