A bit complicated..can anyone help? a bit long as well!

minicooper1961

Hi
I am in a bit of a complex situation and was just wondering if anyone else can offer any advice. After being married for 23 years {and two children 15 & 7} I left OH. In a nutshell he amongst other things had totally abused our joint finances {he had full control of everything and I trusted him implicitly:eek:} to such an extent that he filed for BR last year and I subsequently ad no choice but to follow this route myself {in July of this year}

Anyway he has rented out our old family home to tennants whilst me and my girls are living in rented accomodation ourselves. He does not give me any money for the girls I am supporting us on a small ill health pension topped up with benefits. I have made a claim through the csa and I believe they are currently assessing him. However it gets more complicated as he {I think} will be classed as self employed, he is living with another partner {I think} he won't give me a contact address except for work. There is a possesion order on the old family home {which he previously told me ad been repo'd} but he has been paying the mortgage of around 1,500.00 since the tenannts were threatened with eviction in May 2010. So he must be collecting rent from them {in the region of around 2,000.00}
Can anyone tell me how the csa will view this? he says he is trying to protect a future asset for the children, well they need support now {bearing in mind that the outstanding mortgage {on a house that is valued at 470,000.00 approx} is 435,000.00 interest only - and he obtained a secured loan on the property of around 80,000.00 - that is now near 100,000.00} all of this info I have found out since we split, he hid all the paperwork and re-directed the post to his place of work. The mortgage and secured loan will be running for around another 18 years and still not be paid!!! {we will be in our seventies!!! - I really don't get it :doh:

Can anyone help MC

minicooper1961

Just bumping myself up! HELP!

minicooper1961

Sorry I'm bumping myself up again...I can't be the only one in this position can I?

RAS

is the hosue owned jointly or does he own it?

minicooper1961

RAS wrote: »

is the hosue owned jointly or does he own it?

It is in joint names

RAS

So how did he manage to get a secured loan for £80K on the house without your consent?

And how has he managed to get the place rented out out without your consent and the income into his account?

minicooper1961

RAS wrote: »

So how did he manage to get a secured loan for £80K on the house without your consent?

thanks for the reply, by deception?!, he did say that he need a loan for his business {around 35,000} and I may have signed something {this was in 2006 and I have to say at that time I would have taken him at his word and just signed without checking anything} although when I obtained a copy of the original credit agreement my sig didn't look like my signature!

cheers

bdt1

Ok, with regard to him being self-employed, yet managing to pay £1500 mortgage on your old family home, plus rent to where he is living, I would be inclined to approach CSA for a departure/variation on 2 counts.

Firstly go for lifestyle inconsistent with declared earnings, if he is not declaring the tenancy money to CSA/HMRC as income, yet still paying £1500 mortgage on a property he no longer lives in, in addition to paying his own rent, then this needs investigating. I would approach CSA asking for such a departure, if they decline to act, then this gives you appeal rights, whereby you can then progress this to an Independent Triunal, where everything he earns/declares/has to his name will be scrutinised.

Secondly, as a joint owner of the former family home, surely you are legally entitled to a 50% share of any rental income that may be received, I would take legal advice on this one.

It matters not a jot that he is bankrupt, any CSA will be enforced irrespective of this.

As your case is a complex one, I would advise a subscription to NACSA, where a complex case manager can be an inspiration, the fees are reasonable, and they are the true experts in CSA.

bdt1

Also as he is living with a new partner also ask for a 2nd departure on grounds that his partner can contribute to their housing costs! If you are successful then his partner will be liable for 50% of his rent payments, thus freeing up more assessable income for CSA purposes - unless of course his partner isn't working

RAS

minicooper1961 wrote: »

thanks for the reply, by deception?!, he did say that he need a loan for his business {around 35,000} and I may have signed something {this was in 2006 and I have to say at that time I would have taken him at his word and just signed without checking anything} although when I obtained a copy of the original credit agreement my sig didn't look like my signature!

cheers

So have you reported the potential fraud to his OR, to the lender and the police?

If the OR is not interested in the house because of negative equity, could you buy the BI and then move back in? I appreciate that has potential benefits problems and whilst there is a risk of repro, you may not be keen to take the risk.

Otherwise, you should eb receiving half the net income from the rental.

HAs he got all the proper landlord things in place, like gas safety certificate, EPC, landlords insurance etc?

minicooper1961

RAS wrote: »

So have you reported the potential fraud to his OR, to the lender and the police?

If the OR is not interested in the house because of negative equity, could you buy the BI and then move back in? I appreciate that has potential benefits problems and whilst there is a risk of repro, you may not be keen to take the risk.

Otherwise, you should eb receiving half the net income from the rental.

HAs he got all the proper landlord things in place, like gas safety certificate, EPC, landlords insurance etc?

a, My OR, his OR but police no... { I don't know how I can prove it}

b, The risk of moving back in is the sheer size of the house and my ability to run it and keep us fed and warm at the same time, {not to mention the distress to the kiddies of moving again and then possibly moving yet again, big girl is in year eleven with GCSE's and little one has just gone in to year 3 - I have tried to keep their life as stable as I can for the past 18 months or so}

c, re half the rental, yes I should be but he won't even entertain the idea he basically does what he wants and has got away with it up to now.

I have got something to work on now thanks to you and bdt1 :T