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Hi, Thank you for your question and welcome. My name is ***** ***** I will assist you. Not considering any potential family court proceedings and assuming you are jointly and severally liable for the debts, then yes you can sue her Civil Liability (Contribution) Act 1978. Can I assist you any further? Kind regards AJ
Hi, Thank you. The problem you have is any county court proceedings will be over ridden by what is agreed in the family court. Does your wife have the means to pay the mortgage?
Does she expect to have a share of the property? Kind regards AJ
Hi, Thank you. Will the mortgage company release her from the mortgage? If you are not going to commence divorce proceedings then it may be worth the county court route - £8k does qualify for the small claim procedure. This would at least force her to do something. Kind regards AJ
Hi, Thank you. I am not sure it is a worthwhile exercise unless she actually has the money to pay you. Even with a Judgment you would still have to enforce the Judgment. Kind regards AJ
My name is ***** ***** I have been a family lawyer for more than 35 years.
I am sorry but you have no chance of recovering the mortgage "arrears"in this way.
This is a matter which will have to be dealt with within the matrimonial side of divorce proceedings
You have been living in the property and she has not and on that basis "her half" of the mortgage which you have paid will be seen as "occupational rent" and you will not be credited with it.
You have higher hopes of the Credit card debt if you can show that it was for joint spending
From what you have said the most likely outcome is that the house will be sold, the credit card paid off and the balance shared equally between you
Attempting to use the Small Claims Court will be seen as another form of harrassment