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

debt_doctor

Hi,
Tootsie Roll is correct in that these things are messy and complicated. I have a client at the mo in a very similar situation. Firstly, if the mortgage was taken out after 1995 then she will not receive any help with the interest on the mortgage for 39 weeks. Most lenders will be going down the possession route by then if no payments are made during that time.

You say that she cannot stay in the house and I can well understand why. The problem is that if he will not agree to sell then your sister will have to obtain a court order to force him to sell.

Sadly this can take a considerable time and it is essential to employ a solicitor for this.

Your sister would be legally aidable, and she needs to get those appointments you mentioned asap. Let us know what happens at the appointments then we will start to see where we are going with this.

Best

DD

fatbelly

garageman wrote: »

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

The 26-week waiting period applies if you are a lone parent whose partner has abandoned you. This includes 'constructive abandonment', i.e. the partner's behaviour was such as to give you little option other than to leave him or require him to leave you.

The 26-week rules give nothing for first 8 weeks of claim, 50 % of housing costs for next 18 weeks, 100% after 26 weeks. Hope this helps (taken from CPAG)

garageman

debt_doctor wrote: »

Hi,
Tootsie Roll is correct in that these things are messy and complicated. I have a client at the mo in a very similar situation. Firstly, if the mortgage was taken out after 1995 then she will not receive any help with the interest on the mortgage for 39 weeks. Most lenders will be going down the possession route by then if no payments are made during that time.

You say that she cannot stay in the house and I can well understand why. The problem is that if he will not agree to sell then your sister will have to obtain a court order to force him to sell.

Sadly this can take a considerable time and it is essential to employ a solicitor for this.

Your sister would be legally aidable, and she needs to get those appointments you mentioned asap. Let us know what happens at the appointments then we will start to see where we are going with this.

Best

DD

Thanks for your help.....

The mortgage was taken out after 1995, he left in May, but paid the mortgage for a few months then took a 3 month payment holiday, and he was due to start paying again last week..but hasnt...the building society is going to try taking it again from his account next week, but we suspect he has a drug habit, so it wont be paid.........

She claimed income support in May, can this 39 weeks be backdated to start from May.

All info has been passed on, seeing Mortgage Advisor next week, DSS next week, and Solicitor hopefully soon as well...but will report back asap....

Solicitor doesnt seem to regard this as urgent.

What split should she try for.....obviously the more she goes for, the more reluctant he will be to sell.......60/40 has been sent to him.......

garageman

My sister met with both the Mortgage advisor and the DSS today........

The lender says that as there hasnt actually been a payment missed yet, that there is no repossession planned.

The DSS have said that her 39 weeks will be up middle Feb, and they will send her a form around then.

Should she pay the full mortgage for Jan/Feb so as not to have her credit rating injurred.

Contrary to my prevoius statements, there is a possibility depending onthe possible future outcome, that she may stay in the house until the youngest child leaves full time education.....with the DSS paying the interest on the mortgage..........If it were possible for her to pay the "capital" bit of the mortgage....would this be advisable.......and if she could afford and do this, would he still have a claim on any of the equity.

Apparently she needs his consent, for her to pay monies (less than the ful ammount)off the mortgage.

If she wished to sell, and the court said he had to gree to this....what would her share be....would the court award a larger percentage to her, as a) he has the means to pay...but refuses and b) she has the 3 children, and needs to house them....

In the past her solicitor has had no urgency about her, but as there are only a couple that do legal aid cases in her area, she may be stuck with her.....She has made an appointment for next week with her solicitor, but thinks she will just suggest going to mediation......

any help appreciated............

any questions answered

Addendum.......the words "Land Ownership Order" and "Residency Order" were mentioned.....are these applicable in this case

silvercar

ask the mortgage lender to transfer to interest only in the short term.

garageman

silvercar wrote: »

ask the mortgage lender to transfer to interest only in the short term.

But would it be only "short term"........and she was told today that she even needs his signature to pay interest only...

silvercar

I thought that money may be tight and if the DSS were soon going to be paying the interest it would be an option to consider. (That way she would have no mortgage payments to find.)

Generalising, if she has the children then either she can remain in the house until the youngest leaves school and the equity then gets split or the house is sold sooner and she gets more of the equity as she needs a bigger house. 70-30 split is common.

garageman

silvercar wrote: »

I thought that money may be tight and if the DSS were soon going to be paying the interest it would be an option to consider. (That way she would have no mortgage payments to find.)

Generalising, if she has the children then either she can remain in the house until the youngest leaves school and the equity then gets split or the house is sold sooner and she gets more of the equity as she needs a bigger house. 70-30 split is common.

Thanks for clarifying re interest....understand now.

and 70/30 sounds good.

We suspect he may have a drug habit and are hoping his cravings will lead to an early settlement.....

Does this split still apply would u think, as they wernt married.

At the moment, she cant change the locks, cant stop him entering, and cant stop him stealing things(law and solicitors agree on this)....

She doesnt seem to have any rights of her own......

garageman

Apparently the DSS are going to pay interest only from April...my sister asked the lender if she could pay interest only until then, mainly to avoid getting her credit rating damaged,but was told by the lender that she would need his consent to pay anything less than the full ammount....Should she now just struggle to pay the full £270 a month to avoid any contact with him, or agro from the lender, and in doing so save her excellent credit rating....He has a very poor rating, while hers is excellent......should she strive to maintain this, as she hopes to buy again when this is all over......

She doesnt have much confidence in her solicitor who told her she would be lucky to get 60/40 of the assets, and thats what the solicitor sent to him...

Theres was no deposit paid....and it was an ex council house.

He worked, so it was him who paid the mortgage although it came out of a joint account.

Any advice welcomed....

garageman

The repossession seems a minor issue now....

We've just heard that my sisters ex, has packed his job in, is in loads of debt, hasn't paid the rent on his flat, and may now decide to just move back into the house she shares with the children, after being out for 7 months.

My sister couldn't tolerate this, especially as he would be drink/drugged up all the time, using his DSS money for his habits, eating the food destined for the children, and stealing/selling household items to pay for his habits.

He used to enter the house while they were seperated and stole stuff before, but the police couldn't do anything about it, as it was bought while they were together.,,,but surely he cant take the stuff that cooks the kids meals, or the freezer that holds their food....Hes already taken the microwave, iron, kettle, computer and other stuff.

She doesnt even think she can change the locks to prevent him access/stealing stuff.

He was threatened with a harassment order some months ago and eased off a bit....but as he was on probation, the police didnt serve it, as if he broke it, there was no roominthe prisons to send him to...

Help and advice need please to stop this from happenning.....this could become real very shortly.

I may be on the wrong thread now for this, and would appreciate knowing where to post this.

Thank you for all the information on how to avoid the repossession, which she has acted upon, but this has become the "urgent" matter now....