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Ex did not pay mortgage - can I claim
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I-Heart-Me
Posts: 68 Forumite
Im looking for some help please.
I caught my ex-fiance cheating 6 months before our wedding therefore I packed up his stuff and put it in bags in the garage. He came and picked it and left later that day. We jointly owned the house together, both on the deeds and both on the mortgage. He promised he would pay my dad back the £15k he lost in the wedding, but hasn't.
He was bankrupt (sequestration here in Scotland) therefore through the Accountancy & Bankruptcy I purchased his share in the house and the deeds transferred to my sole name. Part of the agreement defined by the mortgage company was that he stayed on the mortgage. He signed an agreement which my lawyer drew up and this given to the mortgage company (I have a copy).
We agreed to sell the house asap therefore I put it on the market. He stopped paying the joint mortgage from Dec-Jun therefore he didn't pay £3,604.08 (50% of his monthly payments). I sold the house in June. He was not entitled to any equity, however I used this to pay off all the joint debt we had that was not cleared in the sequestration. I paid the mortgage (and joint loans) each month and struggled to make ends meet for 7 months. I didn't miss any payments.
My ex claims he is not working but I have heard from friends that he is and I know the address of 2 places he works (poss cash in hand) and he told me via text he is working at another place.
What can I do? Can I claim the money back and if so how can he be made to pay me?
I caught my ex-fiance cheating 6 months before our wedding therefore I packed up his stuff and put it in bags in the garage. He came and picked it and left later that day. We jointly owned the house together, both on the deeds and both on the mortgage. He promised he would pay my dad back the £15k he lost in the wedding, but hasn't.
He was bankrupt (sequestration here in Scotland) therefore through the Accountancy & Bankruptcy I purchased his share in the house and the deeds transferred to my sole name. Part of the agreement defined by the mortgage company was that he stayed on the mortgage. He signed an agreement which my lawyer drew up and this given to the mortgage company (I have a copy).
We agreed to sell the house asap therefore I put it on the market. He stopped paying the joint mortgage from Dec-Jun therefore he didn't pay £3,604.08 (50% of his monthly payments). I sold the house in June. He was not entitled to any equity, however I used this to pay off all the joint debt we had that was not cleared in the sequestration. I paid the mortgage (and joint loans) each month and struggled to make ends meet for 7 months. I didn't miss any payments.
My ex claims he is not working but I have heard from friends that he is and I know the address of 2 places he works (poss cash in hand) and he told me via text he is working at another place.
What can I do? Can I claim the money back and if so how can he be made to pay me?
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2010 - Won a pair of TrimSole flipflops! Cookie mix! Hipp Baby Food Hamper! Gardners Hand Cream! Organix Gingerbread Men Tin!
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Comments
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I could be way off on this because of the agreements signed etc, but surely if you kicked him out he does not have to pay the mortgage on a house he isn't living in, and did not get any of the proceeds of the sale of?0
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Probably one for a lawyer with bankruptcy order in the mix and legal agreements drawn up.0
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You need to speak to his administrator, if hes bankrupt he is protected from creditors. You are now a creditor so you will have to join the list.0
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It sounds as this debt was acquired after the date he was declared bankrupt. In which case it wouldn't be covered by the bankruptcy and OP would be able to pursue as normal.
However, it also depends on whether he has been discharged from his bankruptcy or not yet. This usually happens after a year. If he hasn't then he still has liability for his previous debts covered under the bankruptcy which will affect OP's chance of seeing any money. If he has been discharged, then although the bankruptcy still shows on his credit report, he doesn't have liability for the debts any more.You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride0
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