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Help please - How can I make my ex pay his debts so I can stop banks chasing me for them?

3 replies

benelux · 02/01/2012 17:49

Hello and Happy New Year
I need some legal advice regarding my ex's debts for which I have been pursued as I am liable due to joint mortgages and account.
My ex and I have separated 3 years ago,
Initially, all was supposed to be amicable. After just 3 months, my ex refused to pay any child maintenance. As he was made redundant and did not work for 8 months before our separation, He made me take a joint personal loan so he and his friend can buy a lease on a pub. I agreed in the hope that will help him get over his depression and start fresh. We separated 1month after. He bought the pub and claims he is earning only 100pw which can not be true but I can not prove it because of the nature of his business, so my son gets 5pw, that is what the CSA ordered based on his statement.
He has 12 staff in the pub that he pays salary, and apart from some admin, does not work, stays and looks after his new 1yo baby which he had from someone else , we are still not divorced, despite me applying for a divorce 7 months ago, he refuses to sign the documents form the court because he wants 50% custody of our son, which is something I can not agree, to because it is not in our son's interests. (Distance between our homes, disruption of routine, lifestyle..are some of the reasons why I am against it.)

I work full time and pay by myself a huge mortgage, bills, and support my son, My income is only covering the bills every month, I have £100 left only after I pay everything. In May 2011, I had to get a Court Order against him and get my son back, that put me in a huge financial strain (the legal bill was £5500 - since then, he continues to make my life hell, verbally abusing me via phone calls and texts, threatening me and not picking or returning our son as arranged...I am exhausted by this and Trying to keep a job and to provide the best for our son alone.
The latest is that he got himself into a huge debt, and 2 banks and council are chasing me and threatening me if I don't pay his debts, since I am still married to him and still liable. My credit rating is 'very poor' only because of his financial mess, so I am against the wall, can not even get a new credit card so I can pay for legal advice.
As it stands at present We have 2 mortgages both on joint names,

  1. is the flat where me and our 8yo son live (220K mortgage, with 30K equity)
  2. is the flat where he and his new partner and baby live (240K mortgage with 60K equity)
  3. A personal loan on joint names (£3000 left to pay off), which I have not seen or spent £1 from as he used it and our savings to buy the pub lease.
  4. A £3000 overdraft on our joint account which he accumulated by himself (which I haven't used or had access to for 2 years as he blocked me from, but the bank is saying that my name is still on and I have to pay it, because he refuses to pay it off)


I have no way of finding money to paying a solicitor any more and can not get legal aid.

Please help me with some advice how can I make him pay his debts so he does not drag me down with him into financial ruin.
OP posts:
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Collaborate · 03/01/2012 07:33

You need to apply for a financial order within divorce proceedings. As you were married you can deal with finances in a piecemeal fashion. Unfortunately your case sounds too complicated for reliable advice to be given in a forum such as this.

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RedHelenB · 03/01/2012 14:53

Second that advice, get the financials sorted asap. If he has run the overdraft up after you separated this should be taken into consideration when the equity gets shared out.

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Collaborate · 04/01/2012 15:47

Meant to say you can't deal with finances in a peacemeal fashion. Damn iPhone.

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