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Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 33004
Experience:  25 years experience of all aspects of family law
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Clare, You know how you recommended a 'slim-line'

Customer Question

Clare,You know how you recommended a 'slim-line' version of application for maintenance pending suit (no draft order, no attachments). Would your instincts be the same, regarding interim sale of home?Or, would I have to tackle that awesome array of (a) order terminating H's rights of occupation under s33 FLA (b) order under Sch 4(I) FLA vacating H's rights and (c) order for vacant possession of home. What's the "least" drafting I could get away with (if any)?When there's a man 'ensconced' in the house - does that mean ditch MWPA and read up on TOLATA.The facts creeping up on us are that mortgage increases by £500 in 2 weeks, its just had expensive storm damage, and child support/spousal maintenance are about to kick in so I think missed mortgage payments are on the cards. I have no funds from which to help.
Submitted: 7 months ago.
Category: UK Family Law
Expert:  Clare replied 7 months ago.


At this stage there is simply no point in making the application.

The Court will NOT order a sale at this stage

I know it will be a worry but until there are actual arrears the applictaion will not succeed


Customer: replied 7 months ago.
Ok. I think arrears could start 1st April because of storm damage and the like.
Long ago I asked H to tell me if he was anticipating arrears and I would try to negotiate with lender to make a new arrangement like reduced payments for a bit. But he ignores all my emails these 5 months so I think arrears will bite us very sharply and unexpectedly. Our lender is sick of us asking (and receiving) concessions, which makes negotiation almost fruitless and the risk of arrears very real. I'll keep "reading in" the commentary but it is so complex this particular area hence I wondered the extent to which one can "keep it brief". I will ask you again when the arrears happen, if that's ok. I can't afford legal advice but nor can I draft something deeply complex, so its a bit of a conundrum.
Expert:  Clare replied 7 months ago.

That is fine - you need to be at the stage of the first threats of repossession proceedings before you apply

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