Oh where to begin? Divorce, ex in my house & not paying mortgage

silvercar

You could hold an open day to tie in with the auction. At least you could get in there and tidy up once for all the viewers in the same go.

AMILLIONDOLLARS

This thread might be of interest to you, you should show it to you ex!

http://forums.moneysavingexpert.com/showthread.html?t=854387

My further thoughts on your situation.

1. He is denying his children a stable home environment
2. If he is seeking to make your settlement nil and void by getting the house repossessed, you should advice on whether you could return to the courts and get a 50/50 split on his remaining assets, his business is worth 2m, he can't expect not to suffer the consequences of his actions.
3. Who'd do business with a company director who defaults on his mortgage, and does not adhered to a legal agreement! Anyone who wants to do business with him would run a mile.

Use your savings and go back to court for a decent settlement, sounds like he got off too lightly!!!

AMD

Silly_Cow

gfplux
- that video's awful. I do hope it's not going to be a common thing in the future. I feel exposed enough in a thread like this, let alone doing something like that!

Generali & silvercar
- I will do a bit of research on auctioning. I guess I'll have to weigh up the saved mortgage payments against the lower price I'm likely to get.

AMD
- thanks for the link to that thread. I honestly think if I showed him, he'd shrug his shoulders, as he would regarding the directorship. I think it fair to point out that the company isn't worth £2m; it has a £2m turnover. Thanks for the comments about getting a better settlement but I have no problem leaving him with his business as I see that as a fair settlement. Contrary to what some may believe, I'm really not out to get everything. I just thought that as he's happy to carry on living in the house, it'd only be right that he carried on paying for it.

Anyway, I have spoken to my solicitor and she is going to speak to their civil litigation department with regard to what steps are needed get him out. I should hear from them tomorrow.

Also, ex himself has declared that he'll be out of the house by next Friday. As much as I'd like to breathe a sigh of relief about this, I will take it with a pinch of salt knowing his historical truth-aversion.

Lastly, yesterday he actually began cleaning and tidying the house.:eek:

Maybe we're turning a corner.

bargainbarmy

Just be aware SillyCow that you will probably get at least 20% less than it's market value if you put the house up for auction. Of course the mortgage payments will have to be taken into account. People want bargains at auctions and quite often now there are many properties still left unsold. Also auction fees are generally around 2% plus admin chages etc.
Good luck whatever you decide!

Debt_Free_Chick

Silly_Cow wrote: »

Anyway, I have spoken to my solicitor and she is going to speak to their civil litigation department with regard to what steps are needed get him out. I should hear from them tomorrow.

Regrettably, I think this is your only option. You mentioned earlier that the court order re the divorce settlement was "flawed" and I have to admit that it appears to be. No reference to him paying you occupation rent, for example? Not only would the payment of rent be fair & equitable, but it's the way you the mortgage gets paid. He has 100% benefit, enjoyment and occupation of the property so he should be paying for that (I'm just going to do this with my ex, btw).

The only way to deal with a flawed court order is to go back to court. Or, as your solicitor has suggested, take other court action to counter-act his current action (or lack of it!). Ask your solicitor about occupation rent - although physically getting your ex to pay it might be the problem.

It rather sounds to me that he is behaving the way he is simply becuase "he can" IYSWIM. At the risk of stereotyping, men often do this. He can't change
the order which gives you the right to sell the property, but he can make it bloody difficult for you to achieve that objective. As someone said earlier, this is his way of exerting some "control" over the situation.

Your solicitor is the only route here, I'm afraid. Would be interested to hear what they suggest.

Good luck

Silly_Cow

bargainbarmy wrote: »

Just be aware SillyCow that you will probably get at least 20% less than it's market value if you put the house up for auction.

Thanks, bargainbarmy. This is serious concern of mine. If I was to lose 20%, that would be an £80,000 loss. That's a heck of a whack off the deposit needed for a 3 bedroom house.

I'm beginning to think that I'll give it a chance on the open market for a set time, maybe 8 weeks, and see how it goes.

With a possible 20% reduction, or even a no sale, at auction, it makes me wonder whether the quick sale vultures are a better option

Silly_Cow

Debt_Free_Chick wrote: »

No reference to him paying you occupation rent, for example? Not only would the payment of rent be fair & equitable, but it's the way you the mortgage gets paid. He has 100% benefit, enjoyment and occupation of the property so he should be paying for that (I'm just going to do this with my ex, btw).

Thanks, D_F_C. When I speak to the solicitor today, I'll ask her about this. As you say though, whether he'd actually pay it is another matter.

I'll update with her suggestions this afternoon.

May I ask, is your ex going to pay rent voluntarily, or is it via a court order?

Rachman_2

Silly Cow, you want him out. He's already annoyed and trashing the gaff. And you think asking him for more money is a good idea. Seriously ? Just think about it before you speak to the solicitor. It'll be a red rag to a bull..... and the sums invovled won't be that much, when you factor in the cost of getting such an order and the time the rent's likely to be for.

Crackers and detached from the real world as a suggestion, I am afraid - and I'd expect an experienced solicitor to tell you that...

Debt_Free_Chick

Silly_Cow wrote: »

May I ask, is your ex going to pay rent voluntarily, or is it via a court order?

My situation is different. I've moved out of our joint home. We own it 50/50 and we have a joint mortgage.

I'm paying my ex £1,000 a month, which is half the mortgage. But, in addition, I'm paying to rent somewhere else.

He has changed the locks and denied me access to my property. He is occupying all the property including my share.

I'm going to charge him £1,000 a month for this (which is less than half the open market rent) and simply withold any future payments. His rent cancels out my share of the mortgage

I'm doing what I think I would get, if he forced me Court over this. His solicitor should confirm to him that I am only doing what I'm entitled to and that if he challenged me in Court, he will 99.9% lose

RecoveringAlcoholic

Be aware that if you are going to challenge the considered decision of a Judge, it could take a very long time to work through the legal system.

In the meantime what are the weekly holding costs of this property?
Interest, council tax, insurance, utilities, depreciation, etc, etc.

Put it up for auction.