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Clare
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 26961
Experience:  25 years experience of all aspects of family law
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Hi Law I divorced my husband 2 years ago. The court order

Customer Question

Hi Law

I divorced my husband 2 years ago. The court order stipulated that I should try to remove his name from the mortgage and that he should transfer his interests and assets in the family home to me. I was made redundant 28 days after the order was made, and so the mortgage company wouldn't take him off the mortgage. For various reasons I've struggled to get another job and we're now facing repossession - I've two children aged 8 and 12, and I get £5 a week from the CSA. The mortgage company have "offered" interest only or mortgage rescue schemes, but he won't co-operate as he thinks he'll get cash from the equity when it's repossessed - but that's only because he's failed to comply with the court order. What on earth can I do - I've been going round the houses with this for the last 2 years and I've had conflicting advice from the CAB and the mortgage company. I would be really grateful for any advice you could give (PS he's now remarried, won't let me know where he's living and social services advise against access due to his alcoholism. Thanks in advance.
Submitted: 10 months ago.
Category: UK Family Law
Expert:  Clare replied 10 months ago.
Hi
Thank you for your question
I shall do my best to assist you but I need some further information first
Please confirm that the Court Order states that you will receive all the proceeds of any sale
Claire
Customer: replied 10 months ago.
Hi Claire
I didn't want to sell the property at the time of the divorce and the wording us that he is ordered to transfer his interest and assets in the former family home to me by 28.7.11.

At the time of the court order I could afford the mortgage, but after redundancy I haven't been able to pay in full. House sale wasn't mentioned at all in the divorce proceedings. Final order did also specify he was to be indemnified by me from future mortgage payments, but mortgage company refuse to honour this and would chase him for arrears if they could find him.
Customer: replied 10 months ago.
Hi Claire
I didn't want to sell the property at the time of the divorce and the wording us that he is ordered to transfer his interest and assets in the former family home to me by 28.7.11.

At the time of the court order I could afford the mortgage, but after redundancy I haven't been able to pay in full. House sale wasn't mentioned at all in the divorce proceedings. Final order did also specify he was to be indemnified by me from future mortgage payments, but mortgage company refuse to honour this and would chase him for arrears if they could find him.
Expert:  Clare replied 10 months ago.
Hi
How much are the arrears and could you afford the Interest Only mortgage?
Claire
Customer: replied 10 months ago.
The arrears are £1,100 and an interest only mortgage would cost £388 per month which is almost half the £600 I'm paying. My shortfall is around £200 per month so I would be fine on the interest only option..
Expert:  Clare replied 10 months ago.
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Customer: replied 10 months ago.


Hi Claire


 


I'm also assuming that the I could apply for an order for him to comply with other suitable support that the mortgage company are offering, such as mortgage rescue schemes? That seems a huge way forward - such a pity the mortgage company have never suggested this is possible.


 


 


I've looked at form D11 - it asks for the details of who should be served with the application. How will the court deal with the fact that I don't know his address?


 


He does have a solicitor acting for his attempts at contact, but obviously they won't give me his details. Would the court be able to get details from them? I know he's not on the electoral register and he's not working - would they be able to trace him?


 


thanks again


 


Lyndsey


 

Expert:  Clare replied 10 months ago.
HI
Are there ongoing court proceedings regarding Contact?
Claire

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