ex husband bankrupt refuses to sell house
cuddles21
Posts: 8 Forumite
It's hard to believe that 1 yr ago i was landed with a huge bombshell that out the blue my husband of 10yrs left me for a man which is hard enough to come to terms with, but anyway divorce now final and although his partner has tried to destroy me for no valid reason other than i stood my ground and didnt let them walk away with everything i owned aswell as what ex owned. ex has declared himself bankrupt and our jointly owned home has stood empty for for a while now and i have done all viewings whilst on market whenever we had sny interest he would cause problems so lost previous buyers but as he is now bankrupt we have offer but he has now said wants home repossessed will not sign for sale the mortgage co. are starting with letters threatening legal proceedings now as when he left he stopped paying joint loans and then at end of last year stopped paying mortgage i have not been able to keep up with arrears so bank kept giving some time for the house to sell but now even though a buyer is in place bank not interested in what i want to happen ex seems to have final say as he wants home repossessed his official receivers are not interested only interested in beneficial interest and say he has legal title and they cant get involved my solicitor has tried every avenue apart from courts as he said his bankruptcy would cause a problem i know this sounds absolutely ridiculous situation but i am desperate for any suggestions on what to do.
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Since the home is jointly owned you have a say in what happens to it.
Your lender - the bank - has a duty of care to you to make sure that all avenues are explored prior to repossession proceedings taking place, as per MCOB rules.
However, if the house is repossessed the Court are required to pay you your half of any equity that is in the house. When it finally goes to Court for a repossession order to be put in place you should attend and explain to the Judge that there IS a buyer but that the bank are being obstructive in the sale. The Judge will soon sort them out! It is illegal to the MCOB rules and the bank is breaking the law. The bank are not allowed to be obstructive to the sale and then to apply for repossession. They must prove that they took every care and attention in selling the house in a right and proper fashion - which they cannot do.
I don't know why your solicitor is being such a pain - do go to the CAB and see their solicitor - which is free of charge.0 -
Thanks for replying, however i have approached bank and bank did offer solution, which was to sign up for a scheme with them to assist in the sale of the house to help sell it and be involved. Ex husband refused to sign up
to the scheme, so i was then sent a letter saying "as i have not contacted them regarding arrears on mortgage they are forwarding case to there solicitors for repossession". I had never been of phone to them and wrote to them, but when i rang them all i got was ex husband not willing to participate, even though i advised there is a buyer now they say as ex not willing to sell cant do anything and will proceed to reposses. Solicitor has contacted them and contacted receivers knowone interested so would i have any joy takeing it to court even though solicitor says bankruptcy for ex could cause problems any suggestions....0 -
Your ex sounds as if he could do with a clout round the face!
Why is he so hell-bent on wanting repossession? At the end of the day a repossession with him still on the mortgage is not going to do him any favours in the future so it would be in his own best interests to allow a sale to go through.
I am sure that the OR involved with his bankruptcy would be more interested in a sale rather than a repossession. They lose money in repossession. You can find his OR by looking the details up on the internet. Go to https://www.insolvency.gov.uk and search the register via the Court - it had to be your local County Court - put in the name and all of the details will come up.
Phone the OR's office and ask to discuss the case. Since you are on the mortgage anyway, I am sure that the OR can offer to sign the house over to you, by paying half of any equity if there is any or by paying £1 if there is little or no equity. This would be better for you at the end of the day too.
Call your ex's bluff and go behind his back. Now he is bankrupt he cannot force repossession - his affairs are under the control of the OR. In any event, the OR will be very interested to know that you have a buyer for the house and that your ex won't sign the paperwork. The OR can sign for him and he has no choice in the matter!0 -
Believe it or not his OR are fully aware of his actions and they say nothing they can do he has legal title he has every right to refuse to sell home even my solicitor has tried to discuss with them but nothing they can do wont sign for him and as for ex's reasons he doesnt want me to gain in any way as he has already set up home with partner he is now renting possibley no interest of wanting mortgage in his future but as long as he is makeing my future as bleak as possible he seems happy!! as he is bankrupt he has nothing to gain but due to debt now on my shoulders that was joint i need profit from house to keep my own head above water.0
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Well! I know that the OR's can be stupid but this takes the ticket!
To be truthful you are well-rid of your ex, but I suppose you have realised that already.
In a lot of ways bankruptcy has become too easy for the bankrupt - this is a case in point.
I don't know what else to suggest.
It would seem that you are well and truly in a hole.0 -
Believe it or not his OR are fully aware of his actions and they say nothing they can do he has legal title he has every right to refuse to sell home even my solicitor has tried to discuss with them but nothing they can do wont sign for him and as for ex's reasons he doesnt want me to gain in any way as he has already set up home with partner he is now renting possibley no interest of wanting mortgage in his future but as long as he is makeing my future as bleak as possible he seems happy!! as he is bankrupt he has nothing to gain but due to debt now on my shoulders that was joint i need profit from house to keep my own head above water.
But that's nonsense surely? Following his bankruptsy any assets he held would then be at the OR's disposal.
If I was you I'd contact the insolvency service and make a complaint about his OR.0 -
I would agree with that advice!0
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Sorry to be a bit dim! The OP has said at least twice that her ex is the only name on the "legal title". If this is the case, then it would explain his actions. And NO I am not in any way justifying this! What is the OPs legal interest in the estate? Are they jointly named on the legal title? Is it a tenancy in common, the background could make a difference.New Mantra: I must not visit MSE until after I've completed all my chores!!!!!0
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The OP says that the house was jointly owned. As joint owners her husband would also have half "legal title"
Most married couples don't own a property as tenancy in common0 -
Why is the house empty? Do we have the full story of what's going on here?0
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