Husband Debt - Interim Charging Order

j4n3tt3

My husband left me in November 2007. He walked out on myself, the children and our business. He caused major financial devastation for which he has not taken any responsibility for since that date. In 2008/2009 the business had ceased trading with mutliple debts, I was served notice of repossesion by 1st and 2nd charge lenders and also my husbands credit card company where trying to place an interim charging order on the home. Amazingly I dug myself out of all of the above, fought off repossession, paid off the mortgage and loan arrears, disolved the company and fought off the interim charging order. However my husband has still avoided paying the credit card company. I've not heard from them since 2009, but today they sent him a letter to my home (which incidentally his name is still on the mortgage). I have not been able to remortgage and remove his name as despite my ability to pay all of these debts, I dont earn enough!!! Im worried that the credit card company might pursue another interim charging order. They backed down in 2009 because of the repossesion orders on the property and no equity - What can I do to stop them. I pay absolutely everything - mortage - a secured loan for my husbands motorbike, all the bills and onlyget £30 per week maintainence. The only reason why there is now equity in the property is because I've been paying off the debts. My husband has no financial claim on the equity because I undertook to pay all the debts - so his share of the debt wipes out his half of the equity!

Tixy

Hi

You say your husband has no financial claim on the equity in the house because you undertook to pay all the debts - has this been formally agreed (eg in a divorce) or just how you view it?

If the debt is in husband's name only and its a joint mortgage then they will only be able to appy for a restriction rather than a charging order.

I would have a read of national debtline's guidance on possible reasons to use to try to stop a charging order being granted - http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=15_charging_orders_in_the_county_court

Are you in touch with husband at all?

j4n3tt3

We are not divorced. Not able to afford divorce at current time have absolutely no disposable income. There is currently around £15k equity in the house. This is as a direct result of my paying a secured loan of £300 per month for the last 4 years. I believe that if he sought half the equity, I would have a counter claim against his half of the debt that I have paid - I doubt very much he would dispute this.

I will take a look at the link - thank you very much for your response.

Not in touch with my husband - mutiple problems prevent us from resolving anything amicably. Have offered mediation but he choses to hide and bury his head in the sand unfortunately.

Tixy

Might be worth a call to national debtline as well (free!)
If they do go for a charging order and husband doesn't defend against it I'm not sure how you as a co-owner get to have your say in the matter - but I'm sure you should be able to.

Is he employed? if they've got a CCJ and he's paying nothing they'd be better off trying to get an attachment of earnings.

RAS

Hi

A divorce costs £400 if you do it yourself. In addition, you really do need at least one session with a competent lawyer so that you can do the financial settlement.

By paying off his debts before the divorce takes place you are making it easier for him to claim money from the equity when you divorce not harder. GEt it down PDQ.

Read blueback's excellent thread on charging orders.

And check out wikidivorce.

j4n3tt3

RAS I know what you are saying about acting on the divorce more quickly, but I don't have the finance for it. My personal survival budget is trimmed back as far as it will possibly go and I struggle each month as it is. Just this month he has not paid maintenance.

Hes self employed and despite the fact he works 6 days a week he only takes home £205 per week giving me £30 per week maintenance. If he doesnt pay (which he failed to do last month) the CSA can only ASK him to pay and cannot take any action until he owes me at least £500.00 - So in effect until he's four months in arrears there is nothing that can be done.

Attachment on earnings etc cannot be made as he's self employed.

Quote from solicitor was £700.00 which includes consultation and fees. But I will have a look at the wikidivorce thanks.

Thanks for all the advice, its good to receive support.