CSA oder for sale & estate agent fees

Hadenoff

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MissMotivation

I'm not sure of the legal stance on this but morally shouldnt he pay HIS debts and the fees from his half of the proceeds?

irishcol

MissMotivation wrote: »

I'm not sure of the legal stance on this but morally shouldnt he pay HIS debts and the fees from his half of the proceeds?

Morals? You can't talk about morals with someone who won't pay to support his kid(s).

Leaving emotions aside, unfortunately it seems to be a case that both parties, as joint owners, are equally liable. It sounds like the CSA have managed to put a first charge on the property?

roger196

Arbitary seizure of property contrary to Article 1 of Schedule 1, Part2, 1st Protocol of Human Rights Act 1998. You should have a look at the Act yourself.
You will need a solicitor who specialises in this area, ask for names of cases where they have acted. This could be expensive unless you can find a no win, no fee firm or one prepared to act pro bono.

It would be worth researching through the CSA's technical manuals, which should be available online, for guideance in this area.

Strapped

If you held the house as tenants in common then I can't understand how the CSA could force a sale? They could surely order the sale of the debtor's share of the house but not in its entireity?

You'll need proper legal advice on this one.

Mrs_Imp

irishcol wrote: »

Morals? You can't talk about morals with someone who won't pay to support his kid(s).

Leaving emotions aside, unfortunately it seems to be a case that both parties, as joint owners, are equally liable. It sounds like the CSA have managed to put a first charge on the property?

The CSA were chasing a friend of mine for 'unpaid maintenance' for years, despite his constant proof that no money was owed. They eventually admitted their mistake, only to start chasing him again the following year for the same 'debt'. In other cases the CSA demand an unreasonable amount of money from people, despite proof that they can't afford what is being demanded of them eg another friend of mine on JSA was being charged as if he was working full time.

I'm not saying that this is the case with the OP, but we shouldn't be judging him without knowing the full facts.

DVardysShadow

Hadenoff wrote: »

I have a jointly owned property with a man who the CSA are chasing for debts. They have an order for sale granted. I am the innocent party. I am disgusted, this is not my debt and I have not obstructed him in any way from paying maintenance.

Was the order granted against you and your partner or just against your partner? Were you officially notified of proceedings and given a chance to make your case for the order not to be granted?

These are key questions which will determine how you should approach the matter.

Hadenoff

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Hadenoff

DVardysShadow wrote: »

Was the order granted against you and your partner or just against your partner? Were you officially notified of proceedings and given a chance to make your case for the order not to be granted?

These are key questions which will determine how you should approach the matter.

The order is against my partner's share of the house - just how do you split a house in half? Exactly, you can't, so I am being forced to sell my half too, putting my child and I on the streets. When I say forced, I mean that the CSA take possession and evict us and sell it themselves, but I still have to pay the council tax etc until they sell it, they also have the power to sell it well below market value, meaning they are robbing my child and I of the true value of equity (which won't be much anyway). I have been to court twice, the judges listened to my plight that I have the greater beneficial interest in the property, then granted the order for sale anyway. They are afraid of the CSA as it is a government body.

minipenny_2

Could you perhaps buy him out of his half?

Just trying to think of something to help, sorry its a difficult situation.

CSA are useless but it was his responsibilty to pay for his children which he will have avoided doing so for as many years as its took to build up the amount in which he needs to sell a house to pay.

Have you been to CAB? Maybe they can offer some (free) legal advice on the matter to help you and your child. I'm sure there will be a way to prevent homelessness. If you sell you will get half the profits though of course? So at least youll have some money to find somewhere to live. (I'm not saying its right by the way I'm just saying lets consider all options)

Hadenoff

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