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Advice on what to do - ex-wife!
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lainey7071
Posts: 9 Forumite
Hi
I'll try and keep it brief but it's complicated.
My husband split from his 1st wife 9 years ago, he is still on the mortgage of the marital home where she lives with their 2 children despite trying very hard to get released.
He pays maintenance for the children but has never paid a penny towards the mortgage in the 9 years. The Halifax refuse to release him as his ex-wife is always is in arrears, we've been to solicitors but the advice was to go to court to force the sale of the house - we have also been told this would be highly unlikely as it's the childrens home.
He has offered to sign the house over to her and not make any claim on the equity (approx £40k) but she refuses - basically she can comfortably pay the mortgage but chooses not to (she's got him by the b*ll*cks and she knows it!!).
The Halifax have a suspended repossession order (from 2003) and this week we have had a letter from a debt management agency to our home address which is worrying me, can they make a claim on our home/possessions??
Any advice on what we should try next? Can we got to court to explain our circumstances and force the Halifax to remove him from the mortgage? I feel after 9 years it is grossly unfair and I will stress again he does not want to sell the house because the children live there AND he does not want any payment, only his name off the mortgage so we can move on with our lives.
HELP - sorry for the long post!
I'll try and keep it brief but it's complicated.
My husband split from his 1st wife 9 years ago, he is still on the mortgage of the marital home where she lives with their 2 children despite trying very hard to get released.
He pays maintenance for the children but has never paid a penny towards the mortgage in the 9 years. The Halifax refuse to release him as his ex-wife is always is in arrears, we've been to solicitors but the advice was to go to court to force the sale of the house - we have also been told this would be highly unlikely as it's the childrens home.
He has offered to sign the house over to her and not make any claim on the equity (approx £40k) but she refuses - basically she can comfortably pay the mortgage but chooses not to (she's got him by the b*ll*cks and she knows it!!).
The Halifax have a suspended repossession order (from 2003) and this week we have had a letter from a debt management agency to our home address which is worrying me, can they make a claim on our home/possessions??
Any advice on what we should try next? Can we got to court to explain our circumstances and force the Halifax to remove him from the mortgage? I feel after 9 years it is grossly unfair and I will stress again he does not want to sell the house because the children live there AND he does not want any payment, only his name off the mortgage so we can move on with our lives.
HELP - sorry for the long post!
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Comments
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I would have thought that the ex-wife is playing a dangerous game as she also risks losing the house.....I'm assuming that it is a joint mortgage.
What provision was made in respect of the mortgage when the financial settlement was made?2014 Target;
To overpay CC by £1,000.
Overpayment to date : £310
2nd Purse Challenge:
£15.88 saved to date0 -
Has your partner spoken to a solicitor about this?I am a Mortgage Adviser
You should note that this site doesn't check my status as a mortgage adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice.0 -
Unfortunately there was no financial settlement as the solicitor recommended sorting out the access/custody arrangements for the kids and nothing else.
His ex already has numerous CCJ's so doesn't care about her credit rating and I think because it has been to court once for repossession that she'll get out of it again. She'll turn the tears on and agree to increase her payments to pay the arrears like she did last time. She believes that she is invincible as she is a single mother with 2 kids - no court will put her on the streets!!
I feel it's so unfair that after 9 years apart my hubby is still tied into this mortgage, any further advice appreciated.0 -
Taking your posts entirely at face value, he may have a claim against his solicitor for negligence. It is best practice to ensure that the client has the financial details protected by a court order before the decree absolute is granted.
The way forward now is to go to a solicitor specialising in divorce law and set the wheels in motion for a financial agreement to be drawn up. I presume the decree absolute has been granted so this complicates matters but this is something that needs to be sorted out.0 -
Your husband needs to go back to the court to obtain an order that the house be sold. The court doesn't have jurisdiction to order that his name be taken off the deeds/mortgage - this is a matter entirely for the mortgagee, but it can order a sale of the house. Despite the fact that the children live in the house, this shouldn't be an impediment to selling off the house since, if she can afford the mortgage, she can afford rent for similar premises, surely?0
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