Interim order put on house award to me but ex husbands debt

pyretta

Hi there, please can someone give me advice, i was recently award the house my ex husband and i own, all equity and titles are mine and we are in the process of trying to get this sorted with the mortgage company.

I have paid for the house since May 07 and have recieved nothing from my ex husband for mortgage payments or council tax. We had a joint loan with RBS and after he refused to pay anything and left me to try and pay nealry £1000 per month in just mortgage and loan, i couldnt manage. i came to an arrangement with the RBS to pay back £11,500 of a £33,000 joint loan to settle my liability. this was paid and settled in December 07.

Since then my ex has made no contributions to the balance of £21,500 (now over £22k with charges and interset) - i have advised the bank and the debt company chasing him of forwarding details and that he hasnt been in the property since April 07. They have not made any attempts to contact him at any of the addresses i provided or on the phone.

I recieved a letter from land registry and shakespear putsman saying they are applying for an attachment order after the court granted an interim order against the house for over £22k in my exhusbands interest in the property. That judgement was made on 2nd feb 09 and my court order awarding the property in full was done on 21st jan 09. I have contacted land registry and they have told me to object in writing.

The problem is the house is up for sale and they have advised it is going to cause me problems when selling the house. i have already suffered last 2 years of hell with financial difficulty since my ex refuses to pay anything or co-operate, i havent even been able to afford a solicitor and had to battle through court against my ex and his solicitor for anciliary relief which i did win - hence the court awarding me the house in my name.

i have emailed her copies of my documents - what can i do, i am worried sick as i need to sell the house and make the money back to pay my friend the £11.5k i borrowed to settle my liability of this joint debt which i knew my ex husband wouldnt pay and i didnt want to be landed with £33k of debt

Rafter

pyretta,

As the loan is still in joint names they can still pursue you and place a charging order against your property.

If there is still plenty of equity in the property, the order shouldn't make much difference. It is just another line in the settlement statement and payment for your solicitor to deal with.

R.

pyretta

Hi Rafter,

The agreement which i made with the bank when i settled my share was that it would not affect me in anyway shape or form should my ex not pay his half, they house is up for sale at 105k with a mortgage of 92k out standing, less estate agents fees of 1% and conveyancing fee's i will be left with about 8k and they are wanting half of that. The order states it is only him they are chasing not me, but my order awarding me full equity in the property was done before they made the order against him.

the order is going to cause problems for me selling the property aswell, i am considering finding out if i can take legal action against my ex for this stuff i am having to deal with seen as he is taking no responsibility at all

Rafter

If you have that agreement from your bank in writing then the charging order would seem to be invalid. However, it would be very unusual for a bank to give up their joint security on a joint loan like that.

Simply send them a copy of the tranfer deed showing they have no right to make a charge and object like the land registry suggest.

If your ex is not paying his debts but has an income or assets then you could try taking him to court? Problem is the sums involved are too big to make a 'small claim' so you could face expensive legal bills before getting any money (if anything) back.

R.

pyretta

The loan was an unsecured loan to start with and they are only attaching the order to the house as my ex's name is still on the deeds which we are in the process of removing. i dont have the transfer deed at the moment only the court order stating that the house is mine and equity and title etc.

My ex has a nice convertable BMW which i have told them about already but they seem not to be interested in making contact with him depsite me providing them details.

My ex has publically threatened to ruin me and will do everything he can to break me, i am at my wits end now as i just want closure to a bad 10 year relationship and another 2 years of hell afterwards dealing with him and his threats to the point the police have been involved due to the fact he was threating my safety