Stuck in a joint mortgage

GL1943

Hi there,

I joint own a property with my ex husband, there is a court order that states he pay me the mortgage money and half the profit which he has not upheld and he is not paying the mortgage. He has CCJS in his name against the house and the house is in negative equity. If he were to go bankrupt what would happen about the CCJS?
I have tried to take over the mortgage but a barrister advised me not to due the CCJS, he can not take me off the mortgage due to his debts. Is there any way out for me.
I know I can take him back to court but due to fear of the consequences of this and how my children may react I do not want to.
:mad:

amnblog

If you have had advice from a Barrister I suspect that is more likely to be accurate than what you find on here.

GL1943

Thank you, yes I took his advice about not taking over the mortgage, but I don't know where I would stand if he were to declare himself bankrupt?

Thrugelmir

If your ex is heading for bankruptcy difficult to see how further court action would be of benefit. The property is in negative equity so there's no equity in the asset for you either.

Without your ex's contribution are you able to maintain the mortgage payments?

fermi

GL1943 wrote: »

He has CCJS in his name against the house and the house is in negative equity. If he were to go bankrupt what would happen about the CCJS?

His liability to pay the CCJs by means other than a charge on the property would be wiped by the bankruptcy. i.e. they would no longer be able to enforce the CCJ if they chose via bailiffs, attachment of earnings, 3rd party debt order etc.. Unfortunately the CCJ creditors would however retain the benefit of any charge on the property in whatever form it has been registered, as bankruptcy does not negate those.

GL1943

Thrugelmir wrote: »

If your ex is heading for bankruptcy difficult to see how further court action would be of benefit. The property is in negative equity so there's no equity in the asset for you either.

Without your ex's contribution are you able to maintain the mortgage payments?

Thank you for your reply. This means a lot to me as this is an on-going problem and still a form of control which I just want released from with the best option, as I have a perfect credit rating outside of this mortgage.
I could maintain the repayments and it is rented so the rent more than covers the mortgage. He has collected the rent but still has not paid the mortgage.
I just want to know if he were to declare himself bankrupt what would happen with the CCJs, even though they are in his name they are against the house. Which they would be against half the property as it is joint, If I were to take over from his bankruptcy would the ccjs still remain against the house as the house is in negative equity, or would they still remain against half the property?

GL1943

fermi wrote: »

His liability to pay the CCJs by means other than a charge on the property would be wiped by the bankruptcy. i.e. they would no longer be able to enforce the CCJ if they chose via bailiffs, attachment of earnings, 3rd party debt order etc.. Unfortunately the CCJ creditors would however retain the benefit of any charge on the property in whatever form it has been registered, as bankruptcy does not negate those.

Thank you for your reply. This means a lot to me as this is an on-going problem and still a form of control which I just want released from with the best option, as I have a perfect credit rating outside of this mortgage.
I could maintain the repayments and it is rented so the rent more than covers the mortgage. He has collected the rent but still has not paid the mortgage.
I just want to know if he were to declare himself bankrupt what would happen with the CCJs, even though they are in his name they are against the house. Which they would be against half the property as it is joint, If I were to take over from his bankruptcy would the ccjs still remain against the house as the house is in negative equity, or would they still remain against half the property?