Urgent help needed to avoid drunken Ex invading family home(see from post 31 please)

garageman

My sisters partner(not married) left the home they shared after violence and other things...he has a flat of his own, and wont contribute anything to the home they shared.

There are 3 kids and a mortgage... He took a 3 month payment holiday and was supposed to be restarting payments last month. She has just found out he has not, and does not have any intention of paying the mortgage.

He has a decent job, with reasonable salary.....

Both of their names are on the deeds and the mortgage.

She is on income support now.

The house is valued at around £150k, and there is a £40 k mortgage on it.

She would hate it to go to repossession and money be lost through fees, and reduced sale price..

What can she do, before the lender tries to get their money by repossession

Any help gratefully accepted, and more information will be given if needed

mummytofour

She should be able to apply for help with her mortgage payments They will only pay interest and there maybe a delay but if she claims under the abandonment clause I think she can get help straight off. Best bet would to post this on the benefit bored where the wise ones hang out.

misspoppy

Hi

she needs help from a solicitor on this one, but it would be wise to put it on the market and take her share rather than have it forced upon her. Shelter could also give her advice for free.

immoral_angeluk

Sorry but what kind of spindless piece of crap could abandon their kids and not pay to keep a roof over their head.....
Anyway I digress... She needs to see a solicitor.. if she's on income support she'll qualify for legal aid....

mummytofour

Miss poppy sorry I dont really agree with you. There is a way of getting help with her mortgage and she has 3 kids to look after who have already had a rough deal, staying in the family home, if that's what the family want should be a top priority if it is at all possible. If the lady in question sells the house she would A) have nowhere to live and get no benefits as she had too much in the bank, selling is not IMHO the best decision .

RAS

Hi

Recommend that you talk in more detail to M24 as well as benefit advisor and solicitor etc. ALSo pm debtdoctor as he has been helping another OP on benefits with a mortgage.

Also, I am fairly certain that her bid for mortgage support will mean that the CSA get after him.

Given the relatively low debt remaining, the best thing for this family would be to remain in the house until the children reach majority or at least she has a good job and then sell up. By then she should be able to use the equity to buy somewhere for herself.

How old are the kids?

And in the mean-time can she

a) contact the mortgage provider and let them them know the problem
b) has she got anything in the house that she can e-bay or car boot to pay one month's mortgage?

silvercar

She needs to go after him for maintenance. with a decent salary, an attachment of earnings would be a good way to ensure she gets some money each month.

He needs reminding that legally he is jointly responsible for this mortgage and any arrears will affect his credit rating and his ability to borrow and get a mortgage. A repossession would prevent him buying a property for a long while. In fact, if he failed to pay the mortgage the lender would more than likely chase him as he has the means to make payments.

welshpaula

my ex did exactly the same 14 years ago i eventually lost my home after a struggle ,my girls were 3 and 6 he hasnt contacted us from that day to this ,no birthdays ,xmas and no money csa werre a joke !! but now well i have a wonderful partner my girls have grown into beautiful young women and i am proud nan of talia my beautiful grand daughter . so on a positive note what goes around comes around !! good luck x

garageman

mummytofour wrote: »

She should be able to apply for help with her mortgage payments They will only pay interest and there maybe a delay but if she claims under the abandonment clause I think she can get help straight off. Best bet would to post this on the benefit bored where the wise ones hang out.

Would abandonment still hold if he wants to be back with her, but she doesnt want him back, to go back to torturous life she had before

garageman

immoral_angeluk wrote: »

Sorry but what kind of spindless piece of crap could abandon their kids and not pay to keep a roof over their head.....
Anyway I digress... She needs to see a solicitor.. if she's on income support she'll qualify for legal aid....

I darent tell you the nasty things!!!..he still has a key, he stole the kettle, toaster and microwave, money and laptop.....and law cant do a thing... as they were bought while they were together.

RAS

Please get the locks replaced urgently. Given his past history, it is not just the toaster that is at risk.

And with regard to replacement, can you, sis and her support team sign up for the local group on www.freecycle.org. It is like e-bay but the good are given away free to anyone who will collect them. if any of you live near somewhere posh, I recommend joining that group as well, as the pickings can be good.

She can get furniture, bedding, toys, clothes, electrical stuff etc.