Advice needed for niece please.

Dimey

julie2710 wrote: »

It might be worth discussing with the lender extending the interest only period for her to take it over until the youngest child is eighteen though? If she does that then she should also speak to a solicitor and get her name put onto the mortgage and the deeds, otherwise she is then paying for his "investment"

I would definitely discuss this opinion with the solicitor though as will save upheaval for the children too.

Maintenance definitely isn't counted as income as far as benefits calculations are concerned.

Worth making this enquiry but how much equity is in the property. If not much then she might be wasting her money in the long term and better off getting a new smaller house with her own interest free mortgage. Freeing herself from any dodgy dealings at the same time.

Just hang on to the maintenance for as long as it lasts.

From OP's story it seems it's all going to come crashing down at some point.

julie2710

I think maybe she needs to talk to another solicitor with a view to putting together a new court order, based on the change of circumstances which would include her paying the interest I the mortgage and her name going on the deeds allowing her a bigger % of the value of the property.

I'm not sure if they are able to put things through court without his agreeing as such! Her current solicitor isn't being particularly helpful and she definitely needs to act before things get worse. Could she pay the interest for now to prevent any repossession? Would also possibly help in her favour?

meritaten

I think she needs a different solicitor! this needs to go back to court I think - on the basis that the childrens' family home is under threat.

swingaloo

meritaten wrote: »

I think she needs a different solicitor! this needs to go back to court I think - on the basis that the childrens' family home is under threat.

I agree wholeheartedly but she has seen 2 different solicitors (I was with her at the last appointment) and the general consensus is that they cannot make him attend court if he is not in the country. She basically spent money getting advice which did not help at all.

The building society will not discuss the mortgage with her because of data protection.

She accepted less maintenance than she could have got because of the deal regarding the mortgage and them staying in the house. He was the one who put the offer forward, said he didn't want his children disrupting. Of course that was when he just 3 to support.

Dimey

Might be worth your neice checking whether her ex husband has any 2nd or 3rd mortages on the property or whether it's being used as collateral for other loans.
Don't take his word for it.

peachyprice

swingaloo wrote: »

I agree wholeheartedly but she has seen 2 different solicitors (I was with her at the last appointment) and the general consensus is that they cannot make him attend court if he is not in the country. She basically spent money getting advice which did not help at all.

Which is indeed true, doesn't matter which solicitor she uses, going back to court is just throwing good money after bad.

meritaten

actually - I meant that perhaps she should consult a solicitor who specialises in 'property' law. Family law is a totally different field. Property law is very complex and a Family law specialist is unlikely to know which laws pertain to property owned by one person but under court order to allow others to live in it.

clearingout

19lottie82 wrote: »

I'm afraid he is under no legal obligation to pay the mortgage, as he is paying maintenance.

As he lives abroad I would be careful not to "rock the boat" because if he decides to stop paying then realistically, I don't think there would be much she can do about it.

Maintenance will not be counted towards and means tested benefits.

You say her husband left 6 years ago so I'm guessing the kids are all at school. Can your niece not look for full time work?

I think that will depend on what the court order says - I had child maintenance on top of an order to pay the mortgage on the family home, for example. Not that he paid it but that's another story!

Seanymph

If the deeds are solely in his name, and the mortgage is solely in his name I can't see that she has a leg to stand on - an unenforceable court order from x years ago against a man who lives in a different country isn't going to be much security I wouldn't have thought.

She can however remain there and refuse to move out until she is evicted I would have thought.

*I know nothing of the law, this just seems commonsense to me - she is effectively living in someone else's house.

Dunroamin

mummyroysof3 wrote: »

I'm under the impression maintainance doesn't class as income

Maintenance for the children doesn't count, maintenance for her does.