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James Mather
James Mather,
Category: Family Law
Satisfied Customers: 1389
Experience:  Senior Partner at Berkson Wallace
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My wife left me in October, leavng me with a huge

Customer Question

Hi.
My wife left me in October, leavng me with a huge mortgage and creditcard debts (in my name) to contend with. She has blocked all communication with me, made up a story to justify her affair (reason she actually left) so much so, I was given a harrassment warning by the police and told never to contact her again. The mortgage is in joint names and I am struggling to keep up with it all.I want to know where I stand legally.A) Can I get a solicitor to send her a letter asking for some thoughts on the house situation?
B) Can be forced to sell the house?
C) If I can prove the debts were for the good of the house, can she be made to pay half of them?
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is***** shall do my best to help you but I need some further information firstHave you started divorce proceedings?How long did you live together for and are there any children involved?How much is the house worth and how much is outstanding on the mortgage?what were the debts used for?What income do you each have?
Customer: replied 1 year ago.
Hi.
Lived together for over 7 years.House is worth 160k, mortgage
Is 143k. Mortgage payment is around 850 a month. Its a large house, so heating, tax, etc, all adds up.
I haven't started a divorce proceeding, due to the house and debt situation, I cannot afford to barely eat, I would rather not go through it at this current time. Also, my health has been very poor, suffering a stroke, again, and i am on 32, so i have had to reduce my working hours.There are no children involved.I earn 1700 a month, she earns about 1200. Debts have beeb used for holidays, house refurb, moving costs etc. I have my own personal debt which I pay for myself.
Expert:  Clare replied 1 year ago.
Is there any reason why the property should not be sold?
Customer: replied 1 year ago.
No. Its purely a finacial decision, on my behalf. The loan would be too great an amount to take on by myself, as i do not earn enough. I dont want to default on a payment also, as credit ratings would be hit hard.Am I within my right to ask her what does she want to do? As I legally cant contact her.... Its hard. To walk away and ignoring it seems painfully unfair and I have no means to do anything about it. It seems the first to leave a mortgage, wins!
Expert:  Clare replied 1 year ago.
i am not sure I understand.You are living in the property and do not at present wish to sell - so what decision do you want from your ex?
Customer: replied 1 year ago.
I dont want to sell it, but i cant afford to stay in it, so it will have to be sold. The not wanting to sell it is my own stubborness.I want to ask my ex wife what she intends to do? Remortgage? Help me sell it? And to help me with other debts etc. I want to know can I ask this through a solicitor?
Customer: replied 1 year ago.
I may have not explained what I mean well enough...I dont want to sell the property, but I know it will have to be given my financial situation and the lack of communication and/or support from my ex wife. For it to be sold, and not be in any negative equity (160k is what it is worth decorated...and fixed) it needs some work finishing on it, which I want my ex to contribute towards, financially, or physically...If she wants to be bought out?Or would like to contribute to the mortgage (given that she should be...).I want to communicate with her regarding the decision WE have to make, and not ignore it.Can a solicitor help me with this? That doesnt involve a divorce proceeding?
Expert:  Clare replied 1 year ago.
OkWhat is the property worth in the current condition?
Customer: replied 1 year ago.
Around 145k. Average of 2 valuations.
Expert:  Clare replied 1 year ago.
What work needs to be done
Customer: replied 1 year ago.
Erm, full on decorating of the whole house. Its a 5 bedroom house. New floors, some carpet, some windows need replacing...also some structural work. My ex wife knew this was the case when we moved in and still will do...