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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34236
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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HelloI got divorced just over 2 years ago due to unreasonable

Resolved Question:

Hello

I got divorced just over 2 years ago due to unreasonable behaviour. I solely own the property that my ex resides in as I gave him time to emotionally cope and look after our dog. I moved out and rent. I pay for everyone mortgage, bills, car that he uses, his debt and my own rent etc. I cannot go on like this but have been told that I now need to go through mediation and even more expense to remove him. Why is that? He is not on the mortgage, there is no agreement for him to stay any longer. He still threatens me and has now gone non-communicado. Why can't I make him leave so I can sell my house and move my life on.
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.
Why are you paying his bills?
How long were you living together, what income do you each have and what is the vakue of the house and any other assets?
Clare
Customer: replied 3 years ago.
Hello Clare. I was married for 18 years. My ex Husband in 2003/4 was cautioned for theft in 2005 he went to prison for fraud for 18 months I had to remortgage for £30k to pay CPS and stop him having to serve more time. Since then I have had to carry all the debt as he had gardening work but no other employment. I suffered domestics abuse verbal and physical and emotional and financial. I believe he has mental problems but others think he is just devious. I am a consultant but my work over the last 2 years has fluctuated and my earnings dropped to about £50k pa. Hence it is stretching me. I need to either sell my only asset which is the house worth approx £375 in Suffolk or at least gain rent to allow me some breathing space. The house has £90k of debt attached and mortgage of about £125k so I am not expecting big profit. Also credit card debts some of his which I also pay for monthly. It is stressful but I bury it in my mind so I can work and stay healthy to enjoy my life. Hope that is helpful. Jacqui
Expert:  Clare replied 3 years ago.
Hi
May I ask why you are paying his debts and his household bills
How much does a one bedroom property in the same general area cost to buy?
Clare
Customer: replied 3 years ago.
Because he hasn't been earning or if he has he tells me he hasn't and doesn't give me anything. He just gets angry emotional and in the past threatening. It has taken me a long time to emotionally build myself up to this point to be able to deal with him. Everything is in my name apart from some of his debt but that is through CCCS and I could afford to disturb it at the time.

I'm guessing in Suffolk it will be about £190k don't know I haven't been back to my property since I left in December 2011 and the police suggested I don't go without chaperone.
Customer: replied 3 years ago.
I live in north west london and have no intention of moving back to Suffolk
Expert:  Clare replied 3 years ago.
Hi
Could you look on Zoopla/Right Move - a studio apartment for your ex is what you should have in mind
Clare
Customer: replied 3 years ago.
Rightmove is showing around £100k but I can't afford to give him anymore money
Expert:  Clare replied 3 years ago.
Hi
The starting point is to stop paying any of his bills - and certainly stop paying his debts
He no longer has any Matrimonial Home Rights on the property since there has been a Decree Absolute.
However despite what the solicitor told you I am afraid that your ex does still have the ability to make financial claims on you - and the length of your marriage means that the starting point for division of the assets is 50/50.
Whilst his fraud cost you £30,000 set against that is the fact that you earn so much more than he does and there is a risk of ongoing spouse maintenance
I am afraid that the starting point is to try and negotiate with your ex using Family mediation to reach an agreement on settlement.
If that is not possible then you will have to apply to the court within the old divorce proceedings for the Financial details to be addressed
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 3 years ago.
Hi Clare

I met with family mediator and have been given a FM1 to progress with a solicitor. My query is my ex has or had a trading account which I gave him £2,000 to set up. He won't disclose what it is worth and says he lost all the money But can I net the £2,000 from whatever amount I am negotiating on with him?
Expert:  Clare replied 3 years ago.
Hi
He will have to prove what happened to the money - or you can indeed claim credit for it
Clare
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