Reposessed House and Divorce

squeak251 · 17 September 2011 at 4:11PM

My sister recently got divorced, at the same time the house she shared with her husband was reposessed.

She is trying to resolve this issue with the shortfall from the auction, but her ex husband doesn't seem to be interested.

Could it be arranged that she only pay half. I can't see how it could be fair that she would be expected to pay it all.

CLAPTON · 17 September 2011 at 4:21PM

no alas she can't

they are both jointly and severally responsible for repaying the money

squeak251 · 17 September 2011 at 5:10PM

so, with him not taking any responsibility, is there anything she can do to make him pay.

CLAPTON · 17 September 2011 at 9:59PM

difficult to see any legal basis and in any event does he have any money

squeak251 · 18 September 2011 at 9:38AM

considering it was a joint mortgage, why should it just be left to one?

I'm not sure exactly of his financial standing, I haven't spoken to him for years. But I would say he earns more than my sister.

molerat · 18 September 2011 at 9:55AM

The debt is not "just left to one", they both are liable. The owner of the debt will chase both but will put most effort into the one who is most likely or willing topay. Your sister has the same right to not pay up as her ex has.