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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My husband left me in October 2013 and handed me the keys.

Customer Question

My husband left me in October 2013 and handed me the keys. He has left me in financial debt with the benefits office he has taken advantage of my vulnerability and used it for financial gain and any other debts arealso all in my name. He has lied to me for years telling me that he pays the mortgage when it was the DWP. He refused to take his name off as my appointee until December and was still defrauding the benefits system but as it was all in my name and I signed before hand as I stupidly trusted him I am left footing the bill. My own solictor said there is nothing he can do as I signed the paperwork. He has continously tried to push for our family home to be sold in an auction even though he knows me and my daughter untill recently had no where to go, luckily we have now thanks to the local authority. I have however removed all belongings apart from personal ones to my ex as I have needed them or had to sell them to friends to get food on the table, or donated to charity. He is now saying through my solictor due to a non molestation order being on which he has already breached once, I have taken his share and if they are not returned by the 26th he is going to report it to the police as stolen property. He has even listed towels and cutlery. I am really scared of losing my daughter as it is but I have just had to do what I felt was right for my daughter and I to survive.
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How much is the house worth and how much is outstanding on the mortgage?
What income do you each have and how old is your daughter?
Clare
Customer: replied 3 years ago.

165, 000 is the value of property mortgage is 129, 000 and we have secure loan of 20, 000 and 7, 000 in reserve. I DONT WORK MY BENEFITS HAVE BEEN SUSPENDED AND I AM LIVING OFF MY PARENTSWHICH IS THERE PENSION MONEY NOT SURE on my ex as I have been told he is working but not sure where. Our daughter is 6 years old and she is being made by the courts to see her dad even though she doesn't want to.

Expert:  Clare replied 3 years ago.
Hi
How much are the Benefits office claiming?
Clare
Customer: replied 3 years ago.

My ex was found guilty of failing to notify from 2011 - 2013 and was put on probation but he was paying it back through my benefits as it was for 25, 000 as it was my claim in my name and although he was my appointee my solictor says I can not claim it back. I am most worried about him going to the police to report things from the house stolen

Customer: replied 3 years ago.

Also owe 11, 000 in tax credits too which he was my appointee for again


 

Expert:  Clare replied 3 years ago.
Hi
Please do not worry
Provided you have left all his personal belongings you have done nothing wrong
Everything else was owned jointly - and you cannot steal what you own - so there is no action that he can take about it
If he is working then you can apply for spouse maintenance within the divorce proceedings as well as child maintenance so that he can at least contribute towards the debt
I hope that this is of assistance - please ask if you need further details
Clare