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Old 08-02-2010, 15:00   #1
Grantos
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Hey, Its been a while!

Got a close friend who recently got divorced with herhusband. He now lives on his own and she still lives in their house.

He's not paying anything to the house whilst my friend is paying both payments in full as well as bringing up their 2 children.

Shes now really struggling for money to use for food etc for the rest of the month after paying all the bills and shes really emotional about the finance situation.

The thing is they both have a car which she would like to sell but he doesn't?

Can any legal action be taken from my friend to her ex husband forcing him to sell?

If so can you advise me where to find this information so i can pass it on to her?

The ex husband is an absloute co(k for what he's done to her and how he's treating her so im trying to help out.

Please help?

Cheers
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Old 08-02-2010, 15:31   #2
Lorri
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Wasn't there a court order sorting out the money? And is she receiving child maintenance?

I wouldn't have thought she could force him to sell his car but usually during divorce proceedings everything is worked out money-wise and property-wise so that the partner bringing up the children gets a higher percentage (not an expert on this btw, just what I've picked up through personal experience).
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Old 08-02-2010, 15:37   #3
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Im not sure if you mean they have a car between them, or they have one each and she wants him to sell his.

If its the former, it depends whos name its in, any outstanding finance etc.

If its the latter, not much you can do really.
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Old 09-02-2010, 10:34   #4
Grantos
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Morning,

They both own just the one car between them . I believe the cars full paid for too!
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Old 09-02-2010, 11:12   #5
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As has been said, all the finances will or should have been agreed and sorted and signed off long before the Decree Absolute comes through.
When the Decree Absolute is issued neither of them are responsable financially for each other, he's only responsable for the children.

If the car is in his name he can't be made to sell it, unless it was agreed that it would be sold, but this should have been done and the monies divided before the Decree Absolute.

What do you mean by "He's not paying anything to the house whilst my friend is paying both payments in full as well as bringing up their 2 children."
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Old 09-02-2010, 11:20   #6
Grantos
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Hi,

He is not contributing to the mortgage i believe. I also understand that he isn't paying any money towards food or school fees for the children?

The main thing my friend wants to do is sell the car and go halves either way but he's denying her this so he can see her struggle.

By the sounds of the advice above its mainly down to whos name is on the car.
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Old 09-02-2010, 11:28   #7
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As I said all their finances should have been sorted out before the Decree Absolute was issued.
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Old 09-02-2010, 11:32   #8
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Even if the car is sold and she gets some money for it, then it is still only a short term solution. Once the money is spent then she'll be looking for other ways to get money from him.

If she's living in a house that's too expensive for her to run now that there's only her income covering the outgoings then she needs to consider either moving to somewhere more affordable, reducing her outgoings or finding a further source of income.

I'd recommend her having a word with the solicitor who dealt with the divorce for advice as to whether he can be persuaded to provide some money to help with raising the children if she is strugging as much as you say she is.
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Old 09-02-2010, 12:23   #9
Moosey
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Can I recommend your friend sees a decent family lawyer! He certainly should be paying her something! (I don't do divorce work by the way, before anyone says ooh look trying to get work!!)
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