Update/advice Can't find original thread

Guest101

paigesaunt wrote: »

Thank you for your input
I think he's probably gone back to her now anyway so having him back isn't an issue anymore.
I wondering what the next step would be now, if Im honest I'm not overly bothered about divorcing him at the moment, the only thing I am concerned about are these charging orders, as someone said in an earlier post, as he has no beneficial interest in the house, none of his creditors can put anymore on the property thank goodness. - But he'll still own a share in the house?

The mortgage is interest only because we couldn't afford repayment after we remortgaged to buy him a new £20,000 truck, pay off his VAT bill £10,000 and his income tax liabilities £15,000 10 years ago. - Too long ago unfortunately. Otherwise could've claimed his share out of that.
House is valued at 210,000
Mortgage is £190,000
Charging orders total, £45,00 (£4,500 or 45,000) ?
I think for now I will just carry on as Iam, and review things in a year or so. - If it's £45k you'll have to, you cant sell at the minute.
Just one question, if I make a new will, will that override the old will which mirrors his, and leaves everything to each other?
Still interested in your thoughts and views
Thanks again everyone

Yes new will overrides old will, but he can challenge it if you are still married.

Homeownertobe

paigesaunt wrote: »

Thank you for your input
I think he's probably gone back to her now anyway so having him back isn't an issue anymore.
I wondering what the next step would be now, if Im honest I'm not overly bothered about divorcing him at the moment, the only thing I am concerned about are these charging orders, as someone said in an earlier post, as he has no beneficial interest in the house, none of his creditors can put anymore on the property thank goodness.

The mortgage is interest only because we couldn't afford repayment after we remortgaged to buy him a new £20,000 truck, pay off his VAT bill £10,000 and his income tax liabilities £15,000 10 years ago.
House is valued at 210,000
Mortgage is £190,000
Charging orders total, £45,00
I think for now I will just carry on as Iam, and review things in a year or so.
Just one question, if I make a new will, will that override the old will which mirrors his, and leaves everything to each other?
Still interested in your thoughts and views
Thanks again everyone

If you don't want to have any security in 11 years then you're doing the right thing.

AndyBSG

paigesaunt wrote: »

Yes I would like to try again, but I have to accept he doesn't want me, Im just making excuses for him rather than face it.

Obvious question... Why?

This is someone who has tried to have his cake and eat it by keeping you hanging on tenterhooks as his back up plan in case his car crash affair fails.

You've already mentioned his dishonesty and avoidance of any financial responsibility so if you are mad enough to reconcile this man is only ever going to drag you down in life until he sees something he thinks is better.

The sooner you get shot of this waste of space and go through formal divorce proceedings the sooner you can get on with your life.

You need to contact a divorce solicitor ASAP and find out when the charging orders were placed and if they should have been included in the BR. If the house is worth 210K and you have a 190K mortgage then you currently have 20K equity in the property.

I don't know how charging orders work on a joint mortgage but there may be some chance you can get your half of the 20K equity out of it?

Guest101

AndyBSG wrote: »

Obvious question... Why?

This is someone who has tried to have his cake and eat it by keeping you hanging on tenterhooks as his back up plan in case his car crash affair fails.

You've already mentioned his dishonesty and avoidance of any financial responsibility so if you are mad enough to reconcile this man is only ever going to drag you down in life until he sees something he thinks is better.

The sooner you get shot of this waste of space and go through formal divorce proceedings the sooner you can get on with your life.

You need to contact a divorce solicitor ASAP and find out when the charging orders were placed and if they should have been included in the BR. If the house is worth 210K and you have a 190K mortgage then you currently have 20K equity in the property.

I don't know how charging orders work on a joint mortgage but there may be some chance you can get your half of the 20K equity out of it?

Nope, joint means both own the whole house. Not half each.


tenants in common maybe, but that's academic for this thread.

duchy

Well you have him the ultimatium that it was now or never ..........and he clearly hasn't chosen the now option.

In all honesty I don't think you want HIM back. You want the man you married back -which if he ever was who and what you thought he was - isn't that man now. Even if he came back to you tomorrow - he'd still be the man he is - the one who cheated on you, cheated on his new woman by staying in touch with you , lies about finances, etc .

Once you can seperate the man he was/you thought he was from the man he is today and realize if he was capable of change he'd have done it by now .......and he has chosen to not even try to.

You deserve better and you know it !

With regard to the finances it might be worth contacting StepChange to explore what your options are and how to protect yourself.

AndyBSG

One question, are you certain there are Charging Orders on the property?

From what I can see if a property is jointly owned but the debts in question only belong to one of the parties then it may not actually be a Charging Order but could be a Restriction Order instead.

Post number 10 in the below link has the exact details from HMRC but it's not clear on if it's referring to Joint Tenancy mortgages or Tenancy In Common mortgages

http://legalbeagles.info/forums/showthread.php?21567-When-is-a-Charging-Order-not-a-Charging-Order&p=198861#post198861

Either way, it seems to be a pretty complex state of affairs so you'll definitely need specialist legal advice.

RAS

Agreed

I was going to suggest that you needs advice.

Is his name still on the deeds?

If so look at https://forums.moneysavingexpert.com/discussion/1839539

Long thread; you still need advice about the legal side but it might enable you to phrase questions.

FBaby

Indeed, the whole issue of charges on a house from the debt of one of the co-owner is extremely complex. It is unlikely to be a charging order but a restriction on the house. If somehow the house is now under your name only, the claimant, at least in theory can't expect repayment from an asset that isn't owned by the debtor. However, it isn't black and white, very grey for that matter, even amongst those with legal expertise.