Just received this - please help

zzzLazyDaisy

gratefulforhelp wrote: »

T
You need to put a CSA claim in asap, you only get CS from the date you apply, it will take a while to come through. Apply now and avoid potential cashflow issues later.

Doorstep...

I know we keep banging on about this, and I do understand that it doesn't make much sense to you at the moment, but PLEASE make a claim for CSA as soon as he leaves.

The mortgage is HIS debt. If he has his way it will be even larger soon... and he and his new woman will be living in a mortgage free house on the cash out of the house - half of which should be YOURS (in the divorce proceedings). Trust me, he has had his exit strategy planned for some time. He is manipulating you because he knows that he will need your co-operation to re-mortgage the house. This is the man who you are trusting to pay the mortgage and keep a roof over your head??? GET REAL GIRL! WAKE UP! (I am truly sorry for shouting, please accept it is only because of concern for you).

If you think about it - his position is no different from any other absent parent. They all have to pay CSA PLUS rent/mortgage on a house for themselves to live in. They dont have the option to say 'sorry I am not paying CSA as I have a mortgage on the house I bought for me and my new lover'. It would be a joke! That is exactly his position - he is saying that he cant afford to pay CSA because he has to pay for the mortgage he is taking out in order to buy a new house for him to live in.

The fact that the mortgage is on YOUR house, doesn't change that. Well, it does... in as far as if/when he decides not to pay the mortgage, it won't be him getting evicted... Hopefully your solicitor will put a stop to his cunning plan. But that isn't the point is it? The point is that he is putting his welfare and that of his lover above you and the kids... and he hasn't even moved out yet. Things can only get worse once SHE is living with him.

CSA is your legal right. It is to enable you to care for the children. It has absolutely nothing to do with the mortgage.

That is HIS debt, and HIS responsibility. If he can't afford to pay both, that is HIS problem - a problem he doesn't seem over concerned about since he is planning to increase the mortgage substantially. If he chooses to stop paying the mortgage/trash his credit record/go bankrupt, those are his choices. Repossession takes a long time and you would have lots of warning, which will give you time to find somewhere rented.

He has had a long time to plan his exit strategy. He will have money salted away in savings which you know nothing about - and so will she.

You need to take control of your financial affairs. It is not your job to give up your right to CSA so that he can provide a home for his new lover.

I know it is scarey, but you owe it to your children to stand firm on this.

Big hugs

xxxx

sassyblue

doorstep horror, l have to re-iterate that you MUST get a solicitor ASAP your hubby has proved to be a liar and a bully to you l can only see more heartache living under his rules, his money etc.

What's to stop him not paying the mortgage when he's in his new house? So he's put it in writing - it mean NOTHING, he stops paying YOU have to drag him through the courts you cannot force him to pay and neither can the courts before YOUR house is repossesed. If the mortgage company get their money back they won't go after his new house, it's YOU who will end up with nothing, all part of his plan l expect! :mad:

I really believe a clean break with all assets split down the middle is the ONLY way to go. Please, please go and see a solicitor., l'm really worried about this.

NAR

sassyblue, OP has a solicitor's appointment on Monday afternoon.

zzzLazyDaisy

sassyblue wrote: »

What's to stop him not paying the mortgage when he's in his new house? So he's put it in writing - it mean NOTHING, he stops paying YOU have to drag him through the courts you cannot force him to pay and neither can the courts before YOUR house is repossesed. If the mortgage company get their money back they won't go after his new house, it's YOU who will end up with nothing, all part of his plan l expect! :mad:

My concerns exactly.

He remortgages your house.
Buys a nice new house for cash - probably in girlfriends name or a relatives name to stop you making a claim against the equity.
Stops paying the mortgage
Lender repossesses, sells the house, and gets back the debt HE owes.
Everyone is happy.

Except you:

You and your kids lose your home, your share of the equity in the house, and also any CSA payments that you have agreed to give up, as they cannot be backdated.

Nice strategy.

If he really cared about your welfare, he and the lover would raise a joint mortgage on their new house (possibly using the relatives loan for a deposit) until the money from HER matrimonial home comes through. At that point they could pay a chunk of the new mortgage off, and then he could concentrate on using the spare cash to pay down the mortgage on your house, so that you and the children would be provided with a roof over your heads without worry. Just an alternative view point.........

Doorstep_horror

Well he's gone house viewing, I've tried to explain about child support but he says he is by paying the mortgage. I've rung his dad and asked him to have a word.

Apparently he's not using the equity in this property to buy a new one.

Kiddies off school today, hopefully telling them later, should be fun.

Oh yeah he says he will put a clause in his mortgage that if he defaults on this one both properties have to go.

DS4215

Would the CSA money be a similar amount to the mortgage? He could pay you through the CSA and you pay it directly onto the mortgage and its all done above board. If he stops paying then the CAS can chase him for the money....

Doorstep_horror

The csa would be less than the mortgage, he's also changing the mortgage on this property to 33 years.

neverdespairgirl

Doorstep_horror wrote: »

They said he can use the money that's in the mortgage reserve for a deposit, and will be taking another mortgage on this property. I don't think he's got any savings, then again he doesn't know about the money I've been stashing over the past two years incase this happened.

Legal advice, sharpish. You might well be able to stop withdrawals from the euqity on the matrimonial home.

blue_monkey_2

OK everyone, go back and read the info from the CAB - arguing about the remortgage is not really an issue right now.

He will not be able to remortgage the house because she is (or should be, the solicitor will check on Monday as it has benn done already) registered as having a Home Interest.

If he does manage to remortgage he will get done for mortgage fraud anyway because of the above. DH found the paperwork for it so it has been done. What happens to the house will be decided in the divorce settlement.

While he can still default on the mortgage this will entitle her to Council Housing. Yes, they do tell you that you'll go into a hostel or B&B and they told us that, but we did not and went into a 3 bedroom house. They tell you this stuff so the people who can afford it really, do not go down that route. I also know a friend in a different area being evicted as the house is being sold, she is getting a council place to so you do not have to go into a B&B.

He has probably been offered a mortgage in principle - that is subject to passing the checks, which he will not do because of the marker on the house.

blue_monkey_2

DH, what he says he is going to do and what he is LEGALLY allowed to do will be a different matter.

Just wait until Monday.

Of course, you could be VERY clever. Just go to the CSA and do not pay the mortgage with the money you get, the house is not in your name and you are not responsible for paying it so you would get housed as being homeless with the children. And he will be left responsible for paying for the house then AND paying his CSA bill. I think that as he is so determined to weedle out of it you need to see how you can screw him harder. Sorry, but needs must.

Just tell him you will be going to the CSA whether he likes it or not and just do it. What is the worst he can do? He cannot chuck you out because you have interest in the house. There is nothing he can do other than not pay the mortgage and then he will lose out too. Is he going to take that risk?