Divorce - Debt and repossession

twinklestars

Hi

I'm not really sure where to post this. Myself and my husband seperated in October 2008. I moved out of the marital home in December 2008 and the mortgage was up to date. I had to go to the CSA due to not receiving money from him and he said "I will take you down with me". Since then he has not paid any mortgage apart from 2 payments, he has been living there since December 2008 and has recently moved his new partner in. I am still party to the mortgage as bank refuse to take me off. The property is on the market even though its in negative equity but he has refused viewings. I have debt which is being managed and paid but because of mortgage arrears I can not get credit even though I have added a notice of correction on my file to say its not me that has built the arrears. The arrears stand at £13200 and the bank have now instructed their solicitors to start repossession.

The divorce is still going through and we are waiting for him to provide full financial disclosure.

If we can prove that he has willingly not paid the mortgage just to spite me can some of the debt be forced on him or will I still be jointly responsible. Its not that he cant afford the mortgage as during the time he has been on a few holidays abroad and also bought 2 new cars.

It may be that because of the repossession I may have to go bankrupt as with arrears and negative equity will be about £30-£40000 between us.

I know that he has also had 2 bonuses from work of about £10000 each. Would I be entitled to any of that if any left? Also trying to get a portion of his pension

Tixy

Hi

Sorry for what you are going through. If you don't get many answers on this post then you might want to try the MoneySaving in Marriages, Relationships & Families
to see if they can help you better with dealing with the divorce aspects and what you might be entitled to.

paulmapp8306

Not a nice situation. Divorce can be messy, but hes just being ... well you know.


I dont know legally where you stand sorry

I would be tempted to say you wouldnt be entitled to bonus's he got once you had seperated but I may be wrong - the bonus's may be taken into account as earning when working out CSA payments. Problem is its not a regular income so its difficult.

As for the house - again I dont hink it matter. IF the mortgage was in joint names thent he lenders will pursue you both for the money. I cant see the justification for them not to unless you had been paying half the mortgage where at least you could try the "I paid my half". Not sure even that would make a difference mind.

£40k is not necessarily worth going bankrupt over either. My debts were £44k when I came to my senses but will be paid off soon (that was 11 years ago mine - a long time).

As for your credit file - if your name is on the mortgage you notice of correction wont mean anything - your still liable for the debt and the arrears despite your situation. If it wasnt a joint mortgage then you could. Im guessing thats not the case though.


Im sure someone will give more accurate help, and I hope things work out in the end.

twinklestars

Thank you for your replies.

I am just waiting for the solicitor to try and sort stuff but haven't got a clue really what I'm entitled to.

I am still on the mortgage as it was joint. Its so unfair as I have been paying full rent on my house and I'm gonna have to pay half the arrears by looks if it gets repossessed for him and his other woman to stay there mortgage free.

So unfair :mad:

pepe2008

I wonder what your Solicitor has been doing? Assuming you started Divorce Proceedings relatively soon after leaving this delightful man.

Without being an expert ( apart from just having gone through my own Divorce.....there again I was fair and generous!) your Solicitor should be up to making allowances for the arrears in the Settlement.

He must have a decent income if he's getting 5 figure bonuses. Nice bloke though, not paying for his kid(s) !

Has his new partner been paying any rent for living in your house?

paulmapp8306

Agree about the solicitor.

You moved out of the house, he stayed while refusing to pay and while refusing viewers to sell.

That should be taken into account on any settlement. Basically I would guess you'll get half the value minus half the debts less the mortgage. Those arrears may well be all his FROM A SETTLEMENT POV. it will not however stop the lenders chasing you for the money (all of it as well not just half) if he cant/wont pay but you can.

AGain - no legal knowledge but from knowing other people, you should get half of all assets, and would be entitled to half of any pension acrewed suring your marriage (or a lump in the settlement in liew).

Whether he must pay you any upkeep (similar to the celebs - keeping you in the style you have been accustomed to) depends if you gave up a career for the kids, and what you are now earning net to him.

As far as CSA goes - as far as I know its around 20% of his income for one, and 35% for two. (might be 15% for one and 20% for two). This is before tax though I believe - so if he earns £40k and you have two kids you should get between £6k and £8k for one - and between £8k and £14k for two per year. He will pay tax on all his earnings though so its more than it looks from his POV.

twinklestars

Hi

No she hasnt been paying any rent to stay in my house.

He pays CSA earns approx £26000 per year and I get £295 per month for 2 boys. He thinks I should just use that for designer clothes for them!!!!!!!! Doesnt realise it covers food, heating, providing them with a place to live etc.

I would bet that he hasnt got any money in accounts as he loves to spend spend spend so not sure I'll get anything.

The cash transfer value is £20000 my solicitor says and we were married for 10 years up to the date we split

chesky369

You must get your solicitor to explain all these questions to you. He or she is supposed to be acting on your behalf.

Gothicfairy

Am I reading that right > 2 payments since December 2008 and they have only just looked at repossession ? how is that even possible ? Have you made any payments since moving out ?

I really don't understand how it can go on for so long.

twinklestars

I think they have let it go on so long because the house is in negative equity.

I havent personally made any payments as I cant afford to due to the face I have to rent and provide a roof for our children.

The mortgage payment is only the cost of my rent that I have paid for last 3 years so wish I could take over the mortgage but as I dont earn enough to cover the balance they wouldnt let me

paulmapp8306

£295 seems a little low as its £3540 per year which works out at 13-15%. depends what else he has declared though. I bet he hasnt mentioned the bonus's. Hes probably claiming the morgage costs as living expenses as well despite not paying them

TBH though - if he gets bonus's you SHOULD get the same 13-15% of them. Does theCSA know he gets work bonus's ? Its often a way out - as its not on his pay slips monthy BUT it is still part of his income so should be taken into account.

If hes being a to**er about things Id inform the CSA hes had 2 x £10k bonus's that you know of - and they form part of his financial package. That would !!!! him off when they demand £1300 every time he gets one.

Make sure your solicitor knows about bonus's as well.

What yiou do with the CSA money is up to you - as you say its for upkeep including food etc. Tell him if he want the kids in nice clothes he will have to buy the cloths for them himself.