What is the next step the person should take? | Lawhive - Solicitors & Lawyers Online
What is the next step the person should take?
NQ- fully divorced no financial order in place, house with joint mortgage ex lives in the house with his fiancée, we made a verbal agreement that when a small amount of arrears he had on the mortgage was paid off and he was able to we would get the house signed over to him and That would be that no payout just done. Here we are five years later the arrears are now 10x what they were the mortgage company keep putting in repossession orders then he makes a deal with them, I keep telling them to stop making deals with him as we are just going around in circles and increasing the debt, I can’t pay the mortgage for him and his fiancée, I now have a family of my own to provide for paying expensive private rented prices and my own bills, I had a solicitor send a letter asking him to either have me removed from the mortgage or put the house up for sale advising him to seek legal advise of his own which he completely ignored, this has already put me out of pocket £300, my next step is mediation then court to follow, even more expenses all because he won’t pay what should be his first priority of bills, both of them work and can afford other luxuries, I have tried to communicate with him about it and he get extremely defensive saying he will sort it but never does and I never get straight answers from him, I’ve spoke multiple times with the mortgage company and they are not interested even tho I’m 100% liable for the debt that he is running up am I missing something here or can anyone give me some advise on anything else before I have to dig deep this isn’t just having an impact on me but my family too TIA

Yvette Garcia

24th April 2022

Top Answer
NQ. Unfortunately as you’ve found informal arrangements just do not work, are not enforceable. The mortgage company are not interested in the relationship, just their payments. What impetus has he to sort this whilst you pick up the bills. You need to get your financials sorted with a clean break consent order. Put all the marital assets on the table (property savings assets debts pensions) Speak to a good family law solicitor, many offer initial consultation free or reduced rates. Gov.uk, wikidivorce, advice now are good resources especially sec 25 of Matrimonial Act 1973. Gather the information and speak to a solicitor, get a sense of your entitlement before mediation and if he won’t mediate then proceed with court hearing. As part of mediation reduce his ‘share’ by the debts they’ve run up. Being in a long term relationship impacts his entitlement.

Jeanette Martinez

24th April 2022

Solicitor. I am afraid Jeanette Martinez is correct. You do need to bite the bullet and get the ball rolling on the finances (provided you have not remarried). I would suggest an appointment with a good family solicitor, even for just one appointment, to get an idea of what rights and remedies you have in relation to the property, any savings he has and of course his pensions. If you are attempting this yourself without legal representation then I would insist he provides Form E financial disclosure. If he refuses (which is likely) then he is not going to be willing to provide this through mediation and you may have to consider issuing a Form A application for all forms of financial provision. Specifically on your jointly owned property, you are jointly and severally liable for the mortgage so if he does not pay, the mortgage company will come after you for payment. As there have been arrears, he is not likely to satisfy their lending criteria to take you off the mortgage and your only option would be an order for sale which, ultimately, will be ordered against his wishes and at the final hearing of your case. It is not his decision to remove you from the mortgage. I do hope this assists.

Susanna Ruiz

24th April 2022

1 upvote

Nq, the money and pension service funds free debt advice, try step change or citizens advice and they may be able to help you

Kevin Collins

24th April 2022

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