Help needed please...nightmare ex!

auntygail

Hello,

My husband and I would really appreciate any advice anyone might be able to share with us.

My husband owns a house with his ex-wife which has been on the market for over 4 years. She lives in the house and my husband has continued to pay half of the mortgage during this time. She has purposely chosen not to reduce the house price in line with market value as she has not wanted to move out. This means that the house is now in negative equity. She has now decided that she wants to move in with her partner, and at the same time an offer has been received on the house for 15,000 less than the mortgage. The ex-wife now says that my husband should pay the entire difference, as well as the solicitors / estate agents fees or she will stop paying her share of the mortgage so that the house gets re-possessed. Of course we don't want the house to be repossessed, but we have no way of paying this amount of money. We have offered to pay half, but she won't hear of it.

In addition to this, she is claiming that she has been 'made insolvent' and says this means that if the house were to be repossessed she would not be liable for any of the money and we would be forced to pay it all. We are assuming that she means an IVA, but we are both quite unfamiliar with these terms, unfortunately.

Does anyone know if this is true? Can anyone offer any advice? Can she really do this? We have an appointment with the CAB but they can't see us for another 2 weeks. We would both be grateful for any suggestions.

Thanks for reading,

Auntygail x

JCS1

I'm assuming the house is in joint names? If it was repossessed, then any shortfall would be the responsibility of the ex and your OH (both would be responsible for the full amount, not half).

Check the insolvency register on-line to see if she is in an IVA or Bankrupt:

http://www.insolvency.gov.uk/eiir/

Is she is bankrupt, then the full amount would fall to your OH.