Help.

hayclan

Hello, I am desperate and would appreciate any advice you can please. I started a DIY divorce over a year ago, I had no choice but a DIY divorce as the many Solicitors I approached were not interested. I married in 1992, my marriage broke down in 2003 and I left our marital home taking my then 4 dependent children with me. I lived on a means tested benefit in a bedsit and 4yrs later secured a Council house. During this time my husband agreed that the house should be sold and we agreed a 50% share of the proceeds etc but he never followed through on anything. In 2010 he contacted me saying he had already left the property and it could be sold but I would have to do the selling etc as he wanted nothing to do with it and I agreed. The property in question is a very modest 2 bed (no mortgage)in dire need of modernising etc and was left to my husband when his father died, When I collected the deeds I was shocked to see that his name only appears on the deeds and the property is leased with only 30 odd yrs left on it. To cut a very long story short my husbands intentions were that I went into debt to purchase the freehold and meet all the expenses of the sale knowing that only he would receive the proceeds of the sale. I had no choice but to start divorce proceeding in the hope that the courts would 'sort' it etc. The Bailiffs have failed to serve any papers on him and in truth they are not likely to succeed even though I know his whereabouts. I am now in danger of losing my Council house due to spending so much time at this property and the longer he evades the Bailiffs the more dire it is for me and my 2 remaining children (my daughters are 18 but still in full time education). If this situation continues much longer I will lose my home. Please, I am desperate. Many thanks.:(

marisco_2

I am very sorry to hear of the awful time you are having. I cant advise regarding the house but didn't want to read and run. I hope someone more knowledgeable in this area will be along shortly. It may also help you to post this thread on the 'house buying, renting and selling' board. There are some very wise people on there who may be able to guide you. Ultimately the best advice would be sought by seeing a solicitor. I am surprised none wished to take on your case. Can any friends, family members or acquaintances recommend a good firm to you?

dancingfairy

Firstly you meed to establish whether you would get any money from the sale of the house. Just because it is in his name doesn't mean that he wouldn't have to share any proceeds with you as it may be considered an asset of the marriage. Do check this first of all.
Secondly how much equity is there in the house? Can you afford to do any works on it? If not then auction might be the best bet and sell it as a project.
Thirdly why would you be in danger of loosing your current house? Have you moved into this other house?
You really need to get some proper advice before you mess up your council house arrangements and before you spend time and money when you may not get it back. Do you not have a local CAB or a local law school where they do help for people on low incomes etc?
Also I believe there is a website called Wikkidivorce which is meant to be helpful.
Best of Luck
df
P.S I'm sure if you post over on the housing board they might be able to help you with regards to ownership, whether you are entitled to do any works, etc etc.

lika_86

I think at some point you also need some advice on whether the leasehold title can be extended, a house with only 30 years left to run is not an attractive asset.

hayclan

Many thanks. There is no mortgage or loans on the house. I was able to secure an interest free loan to buy the freehold (to be paid back after the sale) but my husband refused to co sign for it so I couldn't proceed with it. He would have received the proceeds from the sale not me as I am not on the deeds and he intended to 'disappear' with it which is why I had to apply for a divorce in the hope that the court would order a sale by Auction and the court divide what was fair etc. He has left me completely stuck with the responsibility of the property as I have a duty of care and a financial interest in it. Because I have had to spend most of my time at this property (it's hardly habitable with no heating) my council are saying that I live here and the H/B I received for my council property is an overpayment and may constitute fraud. I'm in a terrible mess due to my husbands lies. Solicitors are not interested as there isn't enough money for them to be bothered. x

Mojisola

hayclan wrote: »

He has left me completely stuck with the responsibility of the property as I have a duty of care and a financial interest in it.

Because I have had to spend most of my time at this property (it's hardly habitable with no heating) my council are saying that I live here and the H/B I received for my council property is an overpayment and may constitute fraud.

Why do you have a duty of care?

It doesn't sound as if you've got much chance of getting any money from your ex so why not just walk away from the house and go back to your home and your life?

LannieDuck

You need to clarify your position before you decide what to do.

1. Would the house be included in a divorce settlement? (I would assume so)

2. How much equity is in the house? (Really important you check this - it might not be worth fighting for)

3. Are there other assets of the divorce - could you leave the house as OH's share of the divorce settlement (esp if low equity) and you take other assets? Then you can walk away from the house sale.

4. Why are you spending any time at the house at all? Don't let it compromise your benefits.

I think you'd be better off getting the divorce sorted, with the house included in the financial settlement, and then worrying about selling it after. This sounds sensible to me:

"which is why I had to apply for a divorce in the hope that the court would order a sale by Auction and the court divide what was fair etc."

How far along this route are you? You'll need a divorce solicitor. I can't see why no-one will help you with it - it sounds like a routine divorce to me.

The other option is that you and the children move back into the house. You'd probably have been entitled to stay in the house anyway when the marriage broke up because you had custody of the kids. But I appreciate you may prefer not to do this if it's going to make your ex-husband angry/annoyed, and you may prefer a clean break...

couponqueen123

if it were me i would go back to my council home and leave the doors n windows open in his house seeing as he dosnt care im sure he will get the message then

im sorry to say this but i think you need to cut yr losses and run ,

this man is taking you for a ride , u sort the house gt nothing and he runs away with thousands nice dont get taken for a biscuit

open your eyes before its to late , theres nothing to have from this house it sounds like a disaster to be honest

30 years on the lease left isnt attractive and all that work that needs doing who going to want to do that with out it being there house forever?

you say u have a financial interest why do you think this?

Brighton_belle

It seems to me your absolute priority is to keep a safe roof over your head: you should return to your council property.
I cannot not understand why you believe you have any duty of care towards this house? You don't own it.
The chances of getting any money from it seem very slight given what you know of your husbands behaviour.
Do not under any circumstances take out any loans in connection with this property - it will end in financial disaster for you. Period.

Danni-R

If the house has no heating dont stay there. Especially when it will effect your actual home.

30 years on a lease isnt going to sell for bucket loads so like the other posters have said, cut your losses. Go for the divorce. If your not on the deeds and you havent taken out the loan to extend the lease yet, dont. It was your 'husband's' fathers place. If he wants that legacy to go to ruin then let him.

Hope it works out ok for you.

Bublin1

Why are you so bothered about a house that is not yours, needs alot of work and only has 30 years on the lease. Its his problem and he's making it yours.
Walk away and don't look back.