House repossessed due to council tax debt

MsBWIL

Thank you for all your comments. I am very grateful.

There are no mortgage arrears. It is currently an interest only mortgage which comes to an end in 3 years. I paid the mortgage in full for 12 years (which was capital repayment at the time) and she has paid an interest only mortgage since I left.  The council has an order of sale due to to council tax arrears and there is an eviction date. I believe the debt is around £20000.

I am concerned that my interest in the house will be lost. Is there anything I can do to ensure my position is secured? 

Many thanks again.  

Pixie5740

MsBWIL said:

Thank you for all your comments. I am very grateful.

There are no mortgage arrears. It is currently an interest only mortgage which comes to an end in 3 years. I paid the mortgage in full for 12 years (which was capital repayment at the time) and she has paid an interest only mortgage since I left.  The council has an order of sale due to to council tax arrears and there is an eviction date. I believe the debt is around £20000.

I am concerned that my interest in the house will be lost. Is there anything I can do to ensure my position is secured? 

Many thanks again.  

Who sent you the letter advising that your ex was going to be evicted?

emmajones1976

How on earth do you build up £20k in council tax arrears?! That would take at least 4 years even on a Band H property?

fatbelly

If the house is jointly owned, then the default position is that, after the secured debts and fees are paid, the remaining funds are split 50/50.

Equally you are jointly liable for any shortfall if that should occur.

Sorry about any misleading comments - you have to understand that an order for sale following a charging order is a very rare occurrence. I doubt @CIS has ever seen one on council tax debt - but I might be wrong

EssexHebridean

I certainly can't ever remember a scenario on here where it has not in fact turned out that the debt causing the action is actually either mortgage arrears, or another priority debtor pursuing bankruptcy and thus making a sale inevitable. Incredibly unusual, sorry you're having to go through it OP. 

How is the house held currently? I presume that you are now registered elsewhere for Council Tax purposes so it is also evident that the CT debt is not your debt? That could I suspect make a difference to how this is handled. I think you're going to need a solicitor on this one I'm afraid - it's complex and it would be very easy for those complexities to be missed. 

MsBWIL

Thanks to everyone again for your advice. I agree a solicitor will probably be needed. I am not registered for council tax where I am living as I am staying with family. The letter stating an eviction is taking place was sent by the court. A date for the eviction has been set for next month. 

I appreciate this is a rare and complex situation so I am grateful for your contributions in getting my head around it all. 

emmajones1976

MsBWIL said:

Thanks to everyone again for your advice. I agree a solicitor will probably be needed. I am not registered for council tax where I am living as I am staying with family. The letter stating an eviction is taking place was sent by the court. A date for the eviction has been set for next month. 

I appreciate this is a rare and complex situation so I am grateful for your contributions in getting my head around it all. 

Irrelevant to the thread I know, but I should mention it: you are at least on the electoral roll there, yes?

MsBWIL

emmajones1976 said:

MsBWIL said:

Thanks to everyone again for your advice. I agree a solicitor will probably be needed. I am not registered for council tax where I am living as I am staying with family. The letter stating an eviction is taking place was sent by the court. A date for the eviction has been set for next month. 

I appreciate this is a rare and complex situation so I am grateful for your contributions in getting my head around it all. 

Irrelevant to the thread I know, but I should mention it: you are at least on the electoral roll there, yes?

Yes I am 

enthusiasticsaver

emmajones1976 said:

How on earth do you build up £20k in council tax arrears?! That would take at least 4 years even on a Band H property?

It is perfectly possible.  The OP said there were arrears before he moved out which was 8 years ago.  I am not sure if the council imposes penalties for non payment so that £20k may include penalties but if we stopped paying our council tax for 8 years it would be more than £20k. 

enthusiasticsaver

MsBWIL said:

Thanks to everyone again for your advice. I agree a solicitor will probably be needed. I am not registered for council tax where I am living as I am staying with family. The letter stating an eviction is taking place was sent by the court. A date for the eviction has been set for next month. 

I appreciate this is a rare and complex situation so I am grateful for your contributions in getting my head around it all. 

Ideally you would have been at the order of sale hearing.  Did you know it was going on and do the council know the property is still owned jointly?  It is important they are aware of that as from the sound of it the council tax debt is just in your ex wifes name as you are registered as living elsewhere but they are forcing a sale of a joint asset so to protect your interests they need to be made aware that the property is joint. You may need legal advice but as a matter of urgency I would contact the council.