Divorce, now struggling to live and almost homeless at 31 Chinese EX

Short story after 8 years I decided to leave as I couldn’t resit anymore and decide to divorce from my wife (chinese) and NO KIDS. We’ve been happy I could say up until about 14 months ago when her parents came in UK to basically use me to get their permit to stay in UK as I am from EU.
AFTER we got married we bought a house 250K , a car 24K and develop a successful business. The only thing that is half in my name is the house(50%) which she was begging me to give her 60% at the time “in the name of love”. I'm now left with nothing.

I put the car in her name as she was new driver so we could get cheaper insurance. I put the business in her name and she employed me for 992£/month although I worked in the business and took care of everything.I was dealing with cash every day because of the nature of the business (nail bar) and at the end of every week somehow I agreed to give all to her parents for save. Savings over £100k in cash at the time of me leaving.I’m now stuck with absolutely no money, not even afford to rent something as I was on minimum income while they got life sorted.I tried mediation but nothing is working.

House worth 260k now, 140k left to pay for mortgage. Mortgage which I paid only. House is currently rented through an agency which splits the rent in half. My half goes towards mortgage and she keeps her part in full.

The house is fully managed by estate agents. The contract is made between myself and the estate agents (her name and signature doesn't appear in the contract) and I`m the main contact in case something happens or needs changing in the house. The rent was coming into my account since the begining of the contract from which I was paying the mortgage.She contacted the estate agents and asked them to split the rent amount into 2 and they agreed. Since then I receive half of the rent from which I still pay the mortgage but she NEVER gave me her part of mortgage. Since the split happend I`m living on Universal Credit and credit cards as she and family took everyting.1st question: Do I have a case against Leaders for agreeing to split the mortgage without my approval with someone outside the contract even if she has 50% of the house?2nd question: I am now to the point where CONDITIONAL ORDER HAS BEEN ACCEPTED . How I can ask the court to step in? I just want the house as I can't bear any more pain.Thank you kindly

If the house is jointly owned then there is no reason why the rent should not be shared. It is usual in these circumstances to have a special account into which rent is paid and mortgage and other costs covered first before the funds are divided.

It doesn't sound like you have a legally binding financial order which is what you need rather than blaming the letting agent. A legally binding financial order would also end any future claims.

The assets of the marriage should be shared equally between you. If you have proof of the cash, it can be counted on your ex's side of the balance sheet and you could propose you have a greater share of other assets to equalise things.
If you cannot reach agreement and mediation doesn't help, you can make an application to the court using Form A.

If you are going to do that, it is a good idea to familiarise yourself with the court process so you can represent yourself effectively. There's lots of information and support available on this site.

Hadenoughnow

Thanks for your reply.

The house is jointly owned which legally means we are both liable to pay but she doesn't want.
I don't have a legally binding finacial order in place as I don`t know how i can get one.

I've asked her to fill in the form E but she doesn't want.

What I know is I need to ask court to step in somehow. I just want the house even if is less than what i could've get in terms of money but how I can do that by myself?Thanks

For the mortgage you will have joint and several liability so if one of you doesn't pay the other one has to.

Before you can apply to court, mediation has to be tried or at least offered and rejected unless you can claim an exemption. Have a look at Form A. If exemption does not apply, the form needs to be signed off by a mediator before it is submitted.

Where is she living if not in the FMH??

Hadenoughnow

I understand one of us has to pay the bill but nobody lives there and why has to be me the one who pay in full? I can't claim this back?

Mediation has been tried but rejected. I don't have a mediator signature. Shall I try another one or ask for an exemption?

Thanks

It doesn't have to be you who pays. I would suggest you propose selling it unless she agrees to pay the mortgage from the rent before it is divided.

If mediation was more than 4 months ago you would need another MIAM to get sign off.

Hadenoughnow

I would like to keep the house as I moved back in the city is the house.

Business and car share should easily cover her equity in the house. I just want to reach in front of a judge to ask for this by force.

So my next move is to fill form A and ask for exemption as I don't hold any details about her location and send it to HMCTS .

How long from this point usually takes for the first hearing?
Thanks