joint mortgage,husband left

cb1977

Hello,help desparately needed!My husband left me nearly two years ago,he left me with ALL our debts including the mortgage(in joint names)I have kept the mortgage payments going best I can,which is extremely hard,but dont want to lose my house as I put a 13'500 deposit down.I have a solicitor,but there not much help(could be because I'm on legal aid,and not a 'paying client' as such,AND,there arent any children involved)Im not yet divorced as my husband has 'gone missing',and I seem to be just going round in circles. Firstly,When my husband and I took out the mortgage,we signed a 'Deed of Trust' that states 'subject to any subsisting mortgage thereon upon trust as to the first 13'500 pounds as may be available thereof for..(my name)..and as to the balance thereof for themselves the trustees as beneficial tenants in common in equal shares' Which I assume,in plain english means 'I would get the first 13'500 pounds,and then,the profit(if any!)would be split between me and my ex husband?? What I would like to know is,do I have any rights at all? I have been to court twice regarding my mortgage(as its in 1000 pound arrears)and obviously,my ex didnt show,which the judge noted,BUT,nothing happens!The mortgage company are fully aware that its just me paying the mortgage alone for the last year and a half,but,I just dont seem to have any rights! I realize this is a complicated one!but any advice at all would be greatly received!:)

Florence22

Hi cb1977,

I'm so sorry I really wouldn't know where to start on this - hopefully someone will be along soon who can help.
In the meantime, the number for Community Legal Advice can be found on the link below - I'd suggest them as a good start.

http://legaladviserfinder.justice.gov.uk/AdviserSearch.do

They were extremely helpful to me when I contacted them.

Best of luck

cb1977

Well I appreciate your time anyway,thankyou for replying,I do understand that its a very tricky one!will have a look at the link you posted now,thanks again

debtinfo

Im sorry im not sure what you are actually asking or trying to achieve?

alastairq

hi and welcome...


Not sure what 'rights' you are seeking to identify?

You are correct in your assertions regarding 'who is entitled to what' should the property be sold.

However, also be aware that, if the property has negative equity [ie is worth, or achieves a value less than that which has been borrowed on mortgage]..then ..if sold, the shortfall also becomes a 'joint' debt....with the Mortgagor pursuing you and your [EX?] jointly or individually.

Regarding the Court's response to your husband's absence?

It is not the Court's responsibility to ensure and guarantee a party's attendance.

After all, your appearance was a Civil matter.


What is of more importance at the moment, to you...is that you appear to have mortgage arrears.



As long as someone make the mortgage payments, it is doubtful the lender will concern themselves as to which party is making those payments.

Am I right in assuming your question regarding 'rights' may refer to your seeking some form of financial assistance from your husband...with regards to his paying 'his share' of the mortgage?

If this is so, then I'm afraid there is little you can do in this regard...at this point in time.

Your most immediate concern is whether the lender will want to reduce the arrears.

And how you will find the money? [since it is you, especially, who is living in the house].

The issue regarding divorce is really outside of the remit of this forum, although a goodly proportion of us on ere also have considerable experience in this area.


What is it you 'expect' from your Solicitor?


Deal with your financial situation first.

You need to talk to one of the debt charities, like CAB, for example.......and you need to make yourself a SOA....see stickies at the top of the page?

If you find, after organising your financial affairs, you simply cannot 'afford' the mortgage payments, then you may have to consider allowing the lender to re-possess the property.

Then we can help you deal with any outcomes...

xazvia

you have my sympathies and i hope you manage to get through this crisis okay.

cb1977

Thankyou v much for the replies..and thanku to alistairq,that was very helpful!I do realize that my post was more of a rant than a question!sorry! So I will try to specify...OK, so my plan is to...File for Bankruptcy (I did consolodate all debts,but I cant cope) this plan only works IF the bankruptcy people (official recievers) DONT take my house (on the account that its got no equity in it) Once I have filed for bankruptcy,I can concentrate on mortgage payments (which will be low once Ive cleared the 1000 arrears) Only problem will be,that my exe will still be on mortgage,so technically,unfortunately,Im keeping him afloat! MY QUESTIONS ARE... 1)will me filing for bankruptcy have any affect on my ex husband?...2)Is there a legal way of removing a 'missing' person from the beneficial interest of a house (I no you probably cant remove them from the actual mortgage title without me having to re apply alone)...3)as my ex has not made any mortgage payments for a year and a half,and has no intentions of EVER doing so,I have been making mortgage payments from a personal account,with just my name on,would this be enough 'proof' that Im making the payments alone(from a solicitor/judges point of view)? Sorry Ive gone on again!but,Im not having any luck at all with solicitors/financial advisors.Thankyou again

kepar

A couple of questions , do you work and how does your mortgage compare to a one bedroom property in your area?

Annisele

1. If you go bankrupt, then your husband will be financially associated with a bankrupt individual - and that won't help his credit rating.

2. I assume he's missing in the sense of "he doesn't want to talk to you" rather than in the sense of "you're concerned for his physical welfare and he might be dead"? If my assumption is right, then I believe there's nothing you can do unless he agrees to give you the entire house, or the court makes that order as part of your divorce. How likely those things are depend in part on the value of your house compared to the outstanding mortgage.

3. I think whose account the payments come from is irrelevant. Imagine a happily married couple with separate bank accounts, where all mortgage payments come from the husband's account but they both live in the house for 25 years. A court would not award the entire house to the husband on that basis alone.

silvercar

Before you jump into bankruptcy you need to consider what sort of IPA the OR will negotiate with you.

If your income is larger than the money you need to live on (once your debts disappear) then you will get an IPA, so some of your income will go to this.

As Kepar's questions leads to: the OR is only likely to allow you enough money to rent or pay the mortgage on a property suitable for your needs. So you need to see what the rent on a 1 bed property in your area would be.

cb1977

Thankyou very much Silvercar/Annisele/Kepar! you all have come up with very interesting info indeed,so thankyou! In response....When my husband left,I had nervous breakdown & my small business folded at the same time,which ment I had to go onto Support allowance(which im still in receipt of)which also means I'am entitled to help with the interest of my mortgage payments,which is great,but Im still waiting for a decision! So my only income is about 350 per month until I go back into employment(Im retraining at college and will go into an apprenticeship april/may time)

Regarding my mortgage...its 260 per month (its a very small 2 bedroom terraced house) rent for a small one bedroom houses in that area,is around 350/400 per month Id say. Thanks again everyone!!!