Mortgage arrears?

KDavison

Hello,

Not sure if I'm posting in the right place but I'm just looking for some kind of advice, if there is any out there.

When my mum and dad ended their marriage in '98 they was currently in a mortgage for around 20K. My mum left the house and tried everything she could to get off the mortgage or get something to say that the arrears would not be down to her.

He lived in the house for about 2 years after and with a different partner. However when he left he did not tell the mortgage company or leave the house in a fit state, copper gone, leaking, etc...

So he give up his job and got out of paying for anything, my mum got a CCJ against her, went to court and was declared that she was to pay the whole debt off of around 15k, and has been doing this for around 7 years at £5 a month, it's gone from company to company, all chasing her for money that she doesn't have, she works but also has to live.

is there anyway it could be split?

Babbawah

I'd be shocked if there wasn't any equity in a house that was purchased pre '98.

Are you trolling or are you MSE staff looking to boost traffic?

KDavison

No

I've honestly come looking for advice as i'm sick of my mum still having to deal with the crap but dad put her through. Thought I was coming to a forum where someone might give some advice but she looks at other options, but apparently not.

terryw

This debt is joint and several. The creditor is likely to pursue the debtor where they have best chance of getting the money.

Mum has a claim against dad. Is he in employment or owns any assets? Even if he has the debt may now be statute barred.

KDavison

terryw wrote: »

This debt is joint and several. The creditor is likely to pursue the debtor where they have best chance of getting the money.

Mum has a claim against dad. Is he in employment or owns any assets? Even if he has the debt may now be statute barred.

He's never worked since, and moved in with his parents 2 years ago to become their carers. So i don't think he has anything they can get, he has CSA arrears I know that but I've not spoken to him in 10 years, so would be hard to say. thanks for the reply

Annisele

What happened to the house?

I assume the mortgage company repossessed the house and sold it, and the £15k was negative equity? If that's the case, your Mum is liable for all of the debt - there's no "his half" and "her half". As terryw says, your Mum might have a claim against your Dad - but that claim is useless to her if he doesn't actually have any money.

Do you know how much is outstanding now?