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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 35564
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I have been with my husband but we have been separated for

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Hello,
I have been with my husband but we have been separated for almost a year and he left the UK in January, but he declared that he will be paying off two credits. One for furniture and the second was just in general which kept growing and updating and the payment comes up to £500 a month. I however have remained here with my son. I have been left to pay off all the bills which come in to general lifestyle, education and also the mortgage. My husband refuses to give the information on where he is and last week he stopped paying for everything because he thinks he isn't obliged to do so. When I opened his correspondence, it turns out that he has three additional bank accounts and within 4 months was capable of putting every one of his accounts onto at least a £10,000 debt. I am working full time and am taking extra days for work and extra hours and I am completely unable to pay off also these extra credits. Even if I did have the money for it, why should I be the one paying for everything?
So I have a request. Who or where should I go to in order to force my husband to carry on paying as I am physically unable to pay off any more of his debts. Who is capable of helping me?

My name is Clare

I shall do my best to help you but I need some further information first

Which country does your ex live in - and are you willing to start divorce proceedings?

Customer: replied 6 months ago.
The divorce is something I want to continue with. My husband's house on the other hand is in Poland but he is a lorry driver meaning that he is always in a different country around Europe as he doesn't want to provide that information.
Customer: replied 6 months ago.
02/05/2018 05:10The divorce is something I want to continue with. My husband's house on the other hand is in Poland but he is a lorry driver meaning that he is always in a different country around Europe as he doesn't want to provide that information.

How much is the house in Poland worth and what does he earn?

Customer: replied 6 months ago.
I don't have any contact with him. I have no idea where he is or how much he is earning.

Ok

how much is your home worth and how much is outstanding on the mortgage?

what debts are in joint (or your sole) names?

Customer: replied 6 months ago.
The house is worth £120,000 but we only pay for 30% of mortgage and the rest is rent. I know of 3 accounts under which there is around £35,000 negative as a whole (inlduding his self employed £10,000) but I know that he has at least 2 or 3 extra accounts which I don't have access to meaning I don't know what the money balance is like on those. We also have 2 joint credits on a combined sum of negative £17,000 and 2 cars, one on a leasing which he took to Poland which I doubt he is paying for as well and also a Honda but I am hoping that next week we can give it away but rates still have to be paid until August which he also isn't paying. I am able to pay for mortgage and all the bills for the house but my husband was supposed to pay for the credits and the cars. Don't take it into consideration the house in the UK as I am here alone with my son and I'm paying for him but after the divorce I am doing a remortgage and I will be paying alone.

So all the loans are also in your name?

Customer: replied 6 months ago.
No. The self-employed account is in his name and also one credit is on him along with the cars. However, one credit on £500 along with another account is joint.

How much is owed in debts that your name is ***** *****?

Customer: replied 6 months ago.
My debts are £4000 on my account, around £5000 on my credit card, on the joint one (with the mortgage which I pay 100%) £15000 credit (up until now my husband was paying the £480 monthly.

How much is the house worth and how much is outstanding on the mortgage?

Customer: replied 6 months ago.
The house is worth £120,000 but we only pay for 30% of mortgage and the rest is rent. I will not be selling the house as I am here with my child and I am paying 100% for everything. I will ask again, how can I force my husband to carry on paying again?

It is difficult when you know so little about where he is - the only slender hope relates to whether or not the house in Poland is his address for legal reasons

Customer: replied 6 months ago.
I don't understand what you mean by that because from what I know is that he rents out a room in Poland but also the fact that he works for someone in Germany and just sleeps in the lorry. He didn't have the money to buy a house.

I am sorry - you referred to his house in Poland and I made an incorrect assumption

The problem is that the debts are in joint names and the creditors are entitled to chase either or both of you.

Since your ex is in Poland (or Germany) it will be much harder to ensure that he makes payments.

He does have to pay child maintenance and you can obtain an Order in the UK Court that can then be enforced in Poland.

The other option is for you to start Divorce proceedings based on his Unreasonable Behaviour and within those apply for a Financial Settlement - which can include an order that he takes responsibility for these two debts

I hope that this is of assistance - please ask if you need further details

Customer: replied 6 months ago.
Thank you very much for the information, but I just require a few more details from you about the Financial Settlement. Is it a form I have to fill in? A website? Where do I go to get it? Can I do it now or do I have to wait until I begin the divorce?

I am afraid that you have to have started the Divorce proceedings first

Details here

https://www.gov.uk/divorce/file-for-divorce

The finances are then dealt with

https://www.gov.uk/money-property-when-relationship-ends/apply-for-a-financial-order

Clare and other Law Specialists are ready to help you
Customer: replied 6 months ago.
Thank you for your help and co-operation. My nearest day off I will begin with the divorce. Are you able to find me a link by which I am capable of asking about whether I could lower my payment for the Court dealings?

The form you will need is here

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/634329/ex160-eng.pdf