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Jo C., Barrister
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My ex has left me to pay all joint debts and bring up child

Customer Question

I am a single parent and bring up my son who is disabled on my own. My ex husband and I seperated and divorced around 6 years ago now. He refuses to see his son and last saw him around 4 years ago. He refused to pay child support and so I had to go through the CSA, this has not been an easy proccess as he job hopped when an attachement to earnings was obtained, the case went to the baliffs and is now with the legal enforcement team. The arrears are now thousands. The problem I have is that my ex has left me with all of the joint debts to pay. We have a house that I have to pay the entire mortgage for. There is also a secured debt on the property, that again I pay the entire monthly payment for. There are also three other joint debts that I have to pay, my ex and I did have an IVA. He had run up alot of debt when we were together and there were joint debts and we were struggling to pay everything. However after we seperated the IVA failed when he refused to make his half of the monthly payments. Therefore I have had to negotiate with the joint creditors and pay what I can afford each month. The mortgage is currently £142000, the secured loan has about £16000 outstanding and the three other debts are now around £25000 in total. I have managed to pay off two other joint debts. My ex husband refuses to pay his sole debts and so the house has two of his sole debts attached to it. There was no financial agreement after we divorced, I work full time and do not qualify for legal aid and could not afford a solicitor. My ex husband works full time. He remarried two years ago to a woman with five children. The live in rented accomodation which is in his wife's name. My questions are firstly is there anyway I can get him to contribute to the joint debts? I work full time as a nurse but paying mortgage, secure loan, and debts and brining up a disabled child on my own is extremely hard financially. Secondly can I sell the house even though he has debts attached to his half? When my ex and I bought the house the deposit and legal fees were paid for with the profits from the sale of my own property (around £25000) does this make a difference to how much he should get if the house were sold?

Submitted: 1 year ago.
Category: UK Family Law
Expert:  Clare replied 1 year ago.
HI
Thank you for your question.
I will do my best to assist you but need some further information first.
How much is the property actually worth?
Claire

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Jo C.
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