Mortgage & Divorce

OhYeah

I got a clean break divorce last August. I did not claim his pension or maintenance for me. I only get CSA for the children. In return I get the house. I was happy with this. However, by court order my ex agreed that he would take on 25k debt charged against the matrimonial home. He agreed to this. However, he has failed to make any payments and it is now in severe arrears. The mortgage company who also own the loan will not transfer the equitable and beneficiary interest to me until the ex deals with the loan. He ignores all communications. I have got a court hearing the end of August, the family courts, to ask the judge for an attachment of earnings order to the sum of the monthly payments to honor the loan agrrement that my ex refuses to pay despite the court order (ancilliary relief). If I do not get the attachment of earnings order what power does the family court have in terms of enforcing the court order? Can their powers include a custodial sentance? My ex is employed full time civil servant, I know his income would be enough to cover a 25k loan to cover the debt and release the beneficial and equitable interest to me. Thanks

holly_hobby

No thats correct, whilst there are arrears the mge lender will refuse to consider a transfer of equity.

That being said, you're own earned & acceptable supplementary income shall have to be sufficient to support the morgage (which may inc court appointed child support, if in payment over the term of the mge). If your acceptable income is not sufficient, secured loan arrears or not, they unfortunately won't release him.

Know Im stating the obvious, but you really need to get a family law solicitor involved in the issues re the secured loan.

Hope this helps

Holly

Thrugelmir

OhYeah wrote: »

If I do not get the attachment of earnings order

Why won't you? A very obvious question.

OhYeah

Thanks. I can't afford a solicitor. The house is owned as tenants in common i own 95% ex 5%, his 5% does not cover the loan so if i sold the loan would be repaid from the equity and i would have to pursue him separately. If i could get an attachment of earnings order to pay the monthly loan then i would be happy with that. My ex is a non compliants (CSA's words) which means he never corresponds, never answers letters etc. It has made the divorce extremely painful and prolonged. I simply cannot afford a solicitor any longer. Does the family court judge have the power to order a custodial sentence if ex continues to ignore court orders etc. I think just the threat of a custodial would frighten him into paying the loan.

holly_hobby

Debt is a civil matter - so there is isn't a custodial sentence that can be applied.

I am assuming that the debt was originally joint, which would explain why the amount of charge exceeds his 5% equittible ownership.

Have you gone along to CAB ? Their advice is free, and they have duty solicitors - I would strongly suggest legal advice on this.

The problem you will have (if the loan remains in jnt names, with just a court directive for him to maintain the payments, but no assignment) that the lender may look to seek a possession order if the loan remains unpaid, so proactive action is reqd now - also keep the lender in the loop/keep them on side.

Having said that, if the loan was totally assigned over to him i.e he is the sole legal debtor - then the lender may only apply to the courts to relieve the OS/defaulted sum, to HIS sole 5% equity in the property.

However, PLEASE, PLEASE verify this with CAB/Solicitor ... I'm not a family law or consumer credit Solicitor, so the above is an informed opinion only.

Holly

OhYeah

Thanks. The debt was was a repossession some 10 years before I met him. I knew nothing about it until after we separated and out of the blue I was informed that the creditor were seeking a charging order. They got it but it is only attached to his 5%. There is also a joint debt which he was to take ownership of as part of divorce deal. It is this that I am hoping to get an attachment of earnings order for.