Estranged husband not paying mortgage

Katykoos

Hi all, just after some advice. My husband and I split two years ago. I left him and took our kids as he refused to leave the marital home. I’m renting and paying all costs associated with the kids as he isn’t paying towards them. Long story short, he’s missed two months mortgage payments and a second charge mortgage (I know, I know) is now a month in arrears. I’m applying to court but I don’t really understand what the next step is? He’s not working, has refused to put the house on the market and is just being a really huge *expletive* about it all. What can the court do? Thanks in advance

silvercar

You say you are applying to court, but what for?

Thrugelmir

Court will allow repossession of the property.

With no job his world has imploded no doubt. Understandable that he's short of words. Little that can be done.

Was a financial settlement agreed when you seperated.

National_Debtline

Hi Katykoos and welcome to MSE,


Unfortunately, I am also unsure what you have applied to the court for as well, but I can tell you more about what the mortgage/ secured loan company can do.


When secured borrowing falls 2-3 months into arrears, the lender can start to consider repossession action. Repossession is a last resort, but if no payment offers are made or communication is forth coming, this becomes a greater risk. It is important to make sure the mortgage lender has your up to date address, so that you receive notice of what is happening. If you receive possession claim forms, you can apply to suspend the possession action by paying the ongoing payments plus more for the arrears (and clearing the arrears by before the term ends) or more time to sell the property yourselves.


If nothing can be agreed, then unfortunately, the court will grant an outright possession order. They will need to wait 28days but can then apply for an eviction order. If the bank does repossess the property and sells it themselves, it is likely to be sold for less than you would achieve in a private sale. We have a factsheet that may help - https://www.nationaldebtline.org/EW/factsheets/Pages/mortgagearrears/preventingrepossession.aspx


Laura
@natdebtline

Katykoos

No idea !!!129335;!!!127995;!!!8205;!!!9792;!!!65039; My solicitor is dealing with everything and not explained it very well.

kazwookie

Katykoos wrote: »

No idea !!!129335;!!!127995;!!!8205;!!!9792;!!!65039; My solicitor is dealing with everything and not explained it very well.

Get back to your solicitor and ask him / her to explain again, and ask for it in writting or re read any information you have been given.

Are you getting all the benefits you are entitled to?