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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33549
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Can you help me please . I married my husband 10 years ago

Customer Question

Can you help me please . I married my husband 10 years ago we were married 18 months and bought our house in the same year . I had my own house before that which he lived for 4 years.the deposit of 53k was put down on our new home by me from the sale of my home.. We split 8 years ago and since then he has paid no money towards the mortgage or joint loan we had on the property. We have an eleven year old. Six months after he left the property two charging orders were placed on the house from the CSa for a child he had before we met. He has now wrote to me and said he intends to go bankrupt to pay the CSa debt. So I need to find 20k and pay him now or he will continue with bankruptcy . And I will lose the house .. Why would a solicitor advise him to do this ? Also he earns approx 50k per year and I don't believe he has any other depts more than 5k.. Please help me I am worried sick and haven't slept for days
Submitted: 8 months ago.
Category: Law
Customer: replied 8 months ago.
Hello can you tell me how long my reply will be . I sent this message yesterday at 17.00pm and have heard nothing . I am so worried thanks
Expert:  Clare replied 8 months ago.
HiThank you for your questionMy name is ***** ***** dd my best to hep you but I need some further information firstHow much is the house worth and how much is outstanding on the mortgage and the charges?Are you intending to start divorce proceedings?What income do you have?
Customer: replied 8 months ago.
The house is worth approx 273k the outstanding mortgage is 178k and 15k secured loan.. We were divorced last year .. And I earn 22k I put 53k deposit down he didn't put anything we were married 18 months and he lived in the house for 1 year we together in total 7 yrs
Expert:  Clare replied 8 months ago.
Has there been a financial Order within the Divorce proceedings?
Customer: replied 8 months ago.
No nothing at all
Customer: replied 8 months ago.
Hi Claire did you get my reply I'm new to this thanks
Customer: replied 8 months ago.
I still have had no answer can someone help me
Expert:  Clare replied 8 months ago.
My apologies for the delayJust to check - you have not remarried at all?
Customer: replied 8 months ago.
No not remarried
Customer: replied 8 months ago.
Not remarried
Expert:  Clare replied 8 months ago.
Please do not give your ex any money at all at this stage - and do not let him bully you into doing so.Is he paying maintenance for your joint child?
Customer: replied 8 months ago.
Yes he pays most months. What happens if he goes bankrupt
Expert:  Clare replied 8 months ago.
Does he pay via the CSA or a Court Order?
Customer: replied 8 months ago.
Private arrangement between us he pays it into my bank.. But he also pays the Csa money for another child
Expert:  Clare replied 8 months ago.
How much does he pay?
Customer: replied 8 months ago.
250 per month
Expert:  Clare replied 8 months ago.
How often does he have the child overnight?
Customer: replied 8 months ago.
Never he hasn't seen him in two years .. My son has spoken to him three times in a year
Expert:  Clare replied 8 months ago.
Then you really are being held to ransom by a bully I am afraid.He is paying much less than he should be paying for Child Maintenance - and you have a clear claim on a larger part of the equity in the house.If your ex does not have nay other debts then he cannot go bankrupt as the CSA arrears are not included in bankruptcy in England and WalesIn any event you have a clear claim on a larger share of the Matrimonial home due to your contribution at the start - and the fact that you have the care of thechild AND because you have a claim for spouse maintenance.Indeed this could make an eventual 80/20 division in your favour is a real possibility (possibly 90/10) when the property is eventually sold (when your child is 18)You need to try and discuss this with your ex using Family Mediation - but if that fails then you can apply to the court within the Divorce proceedings.Once you have that order then his share of the equity is set - and will allow you to "buy out " his share in the event of a bankruptcy to avoid a sale.Please stop letting him bully youPlease ask if you need further details
Customer: replied 8 months ago.
Thank you so much just one thing why would a solicitor tell him to go bankrupt
Expert:  Clare replied 8 months ago.
I woudl be very surprised if he was told that at all
Clare, Solicitor
Category: Law
Satisfied Customers: 33549
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and 4 other Law Specialists are ready to help you
Customer: replied 8 months ago.
Hi Claire I spoke to you last week. I am trying to get an appointment with a solicitor but can't get one for another week. My ex husband has just e mailed and said he is starting bankruptcy proceeding now . What shall I do thank you. He sent me proof last week that he owes 18k to the CSA which is s charging order on my house .. I don't no what other debts he has but he hasn't been able to get credit for 6 yrs now so I can't see how he would have run up any more please help me
Expert:  Clare replied 8 months ago.
Please do not worry - and do NOT Pay him.See a mediator not a solicitor and get the matter started!
Customer: replied 8 months ago.
Should I tell him thats what I am going to do it just go to a mediator.. What will a mediator do? Thank you clairr
Expert:  Clare replied 8 months ago.
Because you need to try and discuss the financial settlement using mediation before you go to ocurt
Customer: replied 8 months ago.
Claire will it matter that my mortgage is intrest only . I wanted to change it but wasn't able to because of my ex husband charging orders on the house.. He also has a new family will that affect what he is entitled to from the house thanks
Expert:  Clare replied 8 months ago.
No not at all - neither point changes anything

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