will csa be able to force me to sell my house?

kbmg123

Trying to be a step ahead of the csa here.

If, as seems likely, they get a liability order enforced as I am unable to pay off the debt I owe fast enough for their liking....

Can they force me to sell my house?

It's jointly owned with my wife and we have a 5 year old son. Mortgage in both names and total equity is only half of the (apparent) arrears owed.

So question is.. are we likely to be out on our ears??

And to all those thinking I deserved this can I say that my ex-wife has my old home to herself now and has it on the market for £180k. Because I care about all of my children and made sure they had a home until they were adults.

CSA_Help

kbmg123 wrote: »

Trying to be a step ahead of the csa here.

If, as seems likely, they get a liability order enforced as I am unable to pay off the debt I owe fast enough for their liking....

Can they force me to sell my house?

It's jointly owned with my wife and we have a 5 year old son. Mortgage in both names and total equity is only half of the (apparent) arrears owed.

So question is.. are we likely to be out on our ears??

And to all those thinking I deserved this can I say that my ex-wife has my old home to herself now and has it on the market for £180k. Because I care about all of my children and made sure they had a home until they were adults.

Depends what you owe. They may do other actions like baillifs or a charging order on the house to prevent you selling it etc .

Guilty until proved innocent:mad:

JulietAmber_2

They are unlikely to make you sell the house as you have a 5 year old living with you. What would be the point in putting that child in poverty to help another?
You should be able to come to some payment structure taking into account your earnings and living expenses. As above, they could send in bailiffs but are unlikely to if you are negotiating with them.
If you sold the house then the above poster is right - this would change things.
The fact that your ex has your old house will not be taken into account but a good solicitor might be able to help.
Hope this helps.

CSA_Help

JulietAmber wrote: »

They are unlikely to make you sell the house as you have a 5 year old living with you. What would be the point in putting that child in poverty to help another?
You should be able to come to some payment structure taking into account your earnings and living expenses. As above, they could send in bailiffs but are unlikely to if you are negotiating with them.
If you sold the house then the above poster is right - this would change things.
The fact that your ex has your old house will not be taken into account but a good solicitor might be able to help.
Hope this helps.

I am right
They done it with me. My solicitor sorted it out that we pay the csa xxxx and they will lift the charging order so we could sell our house

Wasteland_Drifter

kbmg123 wrote: »

Can they force me to sell my house?

It's jointly owned with my wife .

The route the CSA will take is a charging order. I doubt they will force the sale of the property otherwise the Judge will ask the CSA to rehouse you before he makes the order final.

Sever the joint tenancy at the Land Registry using a Form SEV, then transfer your share of the property to your partner using forms TP1 ID1 and AP1.

TP1 is to transfer your part of the property into your partners name.
ID1 is the money laundering regulations guff - 2 forms of ID etc.
AP1 is to make an entry into the Land Register.

http://www.landregistry.gov.uk/ then select Forms

Phone your Local Land Registry and tell them you want your name removed from the Land Register and they will tell you how to do it. I'm afraid you will need to vist the Office in person, or you can instruct a conveyancer, about £150 online and £350+VAT high street solicitor prices.

http://www1.landregistry.gov.uk/regional/ and enter your postcode to find your local land registry office.

When the CSA problem is resolved you can transfer the property back into your name. This has no impact on the mortgage.

kelloggs36

They won't consider enforcing a sale unless you have the full arrears that would be covered by the equity.

kbmg123

Wasteland_Drifter wrote: »

The route the CSA will take is a charging order. I doubt they will force the sale of the property otherwise the Judge will ask the CSA to rehouse you before he makes the order final.

Sever the joint tenancy at the Land Registry using a Form SEV, then transfer your share of the property to your partner using forms TP1 ID1 and AP1.

TP1 is to transfer your part of the property into your partners name.
ID1 is the money laundering regulations guff - 2 forms of ID etc.
AP1 is to make an entry into the Land Register.

http://www.landregistry.gov.uk/ then select Forms




Phone your Local Land Registry and tell them you want your name removed from the Land Register and they will tell you how to do it. I'm afraid you will need to vist the Office in person, or you can instruct a conveyancer, about £150 online and £350+VAT high street solicitor prices.

http://www1.landregistry.gov.uk/regional/ and enter your postcode to find your local land registry office.

When the CSA problem is resolved you can transfer the property back into your name. This has no impact on the mortgage.

Does the mortgage lender have to agree to this?

Wasteland_Drifter

No, the mortgage charge is secured on the whole property regardless who and how its owned. The mortgage account can remain in two names if you like.

Blob

Sorry to say this but Kelloggs you may not be correct on this point, as there is no way that they will recover the money that they claim from me and are still going ahead with trying to get an Order of Sale. It has driven my other half to the point of taking her own life!

The Judge has told them that her money will in all probability be protected, he had to explain this to them 3 times, and they still don't like it. It is unfortunate that Fairfax Solicitors have some rather dim people that work for them, even if they are as they claim to be legally trained. They are still to grasp the simple truth that in a Court the Judge has the last word, like it or not, and they don't!

kelloggs36

They won't get it Blob - they made it clear to me that all of the arrears have to be available from the equity available to the NRP, they can't touch the equity belonging to any other partner, so it should be very simple to contest - even if they insist on going to Court, the judge won't allow it as it doesn't fit the criteria.

Blob

As with ever thing that is to do with the CSA, yes it should be simple, but you just know that they will mess it up. There is an investigation by ICE as well, and they have delayed sending the papers to ICE because of this case! It will be escalated by ICE on Monday morning if not already!

The other half is suing me under the Trust of Lands Act and the Judge has quoted different law to everyone that covers this. For their part Fairfax don't accept this as being valid and will apply to have the case struck out, even after the Judge has said that she has a case, as there is an agreement in place between us that will override the Land Registry documents. I can give you the law if you want it, but the others that will get on their soap boxes can go away!