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Hi,I'm Zoey and I'll be assisting you. I'm reviewing your question now. Please be patient while I research and compose a reply for you.
You appear to be in the UK, but this question has landed in the Fraud Examiner category. If this issue is taking place in the UK, please let me know and I will opt out and change the category to send it to UK legal experts. I am a US attorney and while I can and while I can tell you that this is fraud, I can only discuss options according to US law.
Here in the States, it would go down the same way. Fraud can be addressed legally in either the civil and the criminal courts. In my experience, when a husband and wife are in divorce litigation, even if there is merit to the criminal claim, as there would appear to be here, the authorities would steer the complainant to civil (family) court. Since marriages involve joint property and distribution of that property would be part of a divorce settlement, the criminal system would leave this to the judge presiding over the divorce to distribute what was left equitably.
I know it seems unfair. But it doesn't mean you won't get justice in the divorce. You won't be able to get him charged with a crime, but financially, the judge will try to balance the equities.
My own opinion is that it's very difficult to separate this from the context of a marriage. However, I'm not a solicitor. I suggest posting that piece of it in UK law and specify that you don't want to hear from a family law specialist but want to know if there's anything you can do with just the fraud aspect of it. You can certainly try taking it to the police and reporting it as a crime.
My experience in my own country tells me that whichever way you try to go you'll be steered back to family court. Perhaps it's different there, but judging from the responses you have gotten, it doesn't look that way.
Yes. I will opt out of the question and have the site moderator move it to UK law.
My name is Clare
I shall do my best to help you but I need some further informtaion first
What assets are left?
How old are the children?
As a very rough guide - what is the sum total of the capital your ex has misappropriated?
The remortgages must be provable?
When were the remortgages?
Looking at the most recent (2015) what explanation was given for this?
So he has to account for that
What about the £50,000 inheritance?
So in fact you have quite a lot of evidence of unaccounted for monies AND there is a substantial equity in the property
This not about fraud - it is about the fact that he squandered assets and you wish to keep more of what there is to compensate for that.
he has the other property - you can argue that you shoudl retain the matrimonial home in full
I hope that this is of assistance - please ask if you need further details