30 year old house repossession debt

flora135

Hi all, wondering if I could get some advice please.

So my husband divorced his first wife over 30 years ago. When he left he handed the house over to her but never signed any paperwork, silly I know. It appears that 5 years after divorcing she hadn’t been paying the mortgage and it was repossessed with a £20,000 shortfall which she claims she has been paying back ever since. She has paid half so far but £10,000 is still outstanding. Apparently the debt has recently been sold on and the new company are chasing her to pay more than she can afford.

Now my husband didn’t know anything about this debt. She said she kept his name out of it for all these years to protect him and the debt company don’t know where he is which is rubbish, even 30 years ago they could have found him easily! So could she have taken his name off the mortgage, is that why they have never come looking for him?

We are about to receive a large inheritance and I can’t help but feel that she is just trying it on as she knows we are coming into some money. My husband has told her that if she gives us the paperwork he will give it to the solicitor to deal with, I think she was hoping he would just give her the money without question!

I suppose what I’m asking is can a debt still be chased after 30 years? If husbands name was on the mortgage at the time why didn’t the debt company find him? She has said the debt is in her name only. 

If he owes it then he will pay it, it’s a small town and we bump into them regularly and share mutual friends so as long as it IS his debt then it will be paid but I just feel uneasy about the whole thing.

many thanks

Hoenir

In the absence of a financial consent order at the time of the divorce. Then a financial link still remains.  Your now husband cannot walk away from a contractual debt. Onus was on him to deal with the matter. 

Suggest he contacts a solicitor for proper advice and resolves the matter. 

silvercar

"Now my husband didn’t know anything about this debt. She said she kept his name out of it for all these years to protect him and the debt company don’t know where he is which is rubbish, even 30 years ago they could have found him easily! So could she have taken his name off the mortgage, is that why they have never come looking for him?"

At the point of repossession the debt becomes unsecured. Without seeing the paperwork you won't know if the new debt is in joint names or not.

If £20k was owed a long time ago, the debt could be a lot more with interest added.