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He's stopped paying for the mortgage - HELP!!

  • beckster2
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09 Oct 07 #4506 by beckster2
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I've just realised that my x2b has not paid the mortgage for the last 2 month. I've emailed him and he just said

"I thought I might just not pay for the mortgage so the bank forecloses, that might speed things up a bit."

What can I do about it?

:(

  • DownButNotOut
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09 Oct 07 #4507 by DownButNotOut
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Have you started divorce proceedings?

Specifically have you begun Ancillary Relief proceedings?
(the bit to do with finances/money)

Once you have applied for Ancillary Relief (which can take a while to process...6mths....1year) then you can also apply for temporary (interim) spousal maintenance.

This takes a couple of months but will result in a court order which can be back dated to the date you applied (i.e. this week if you hurry) ordering him to pay you the money to cover the mortgage.

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09 Oct 07 #4508 by beckster2
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Hi, no I've not done anything - I've just sent my solicitor an email asking him what do do. I assumed that he had to pay for the mortgage interest as we have a child, is that not correct (he's been paying for the last 5 months since he left)?

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09 Oct 07 #4509 by DownButNotOut
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Morally he should be paying.

Contractually he is obliged to make payments to the building society...but it sounds like he is happy to default on that contract (this could well be an empty threat....you both lose out if the house is repossessed...so he may back down and start paying when the repossession threats from the building society arrive)

Legally he doesn't have to pay anything until a court or the CSA orders him to.

Are you claiming all the benefits that you could now that you are alone with a child.

You may be able to get some of the mortgage interest paid.

Have you rung the building society and explained the situation?
- you could negotiate a mortgage holiday for a few months
- you could switch the mortgage to interest only (reduces the payment by 25%)

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09 Oct 07 #4515 by beckster2
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I'm in receipt of tax credits and working family credits, the mortgage is already interest only - will call the mortgage company to see about a holiday period, thanks for that.

Sorry for the dealay in replying to your earlier message only I'm a bit shocked and have had a good cry about it all. He's been sleeping with a work colleague, he left for the colleague - you'd think from the way he's acting that I'd done the dirty on him!!

Morally - does that come into it? lol When he left he said that he'd pay all the household expenses, gradually he stopped the insurances, now the mortgage itself. I actually have it recorded on dvd but I can't hold him to it in a court of law, the law sucks!!

Sorry to rant - off to take my daughter to counselling now. My only day off this week and I'm not enjoying it!! What happened to FUN? lol

Thanks for all the advice luv x

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09 Oct 07 #4517 by Sera
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Most of us gripe about what was 'promised'... and they break there promises pretty quick!

(Mine promised to keep paying my spousal support) then his sol tells him to cancel, (which has crippled my choices of having legal representation). I'm 'Brick Rich' and Cash Poor, But I'm not risking losing my home, in order to meet legal bills.

(Oh, yeah, he promised me he'd be married for EVER! and promised me that I'd never have to be worried about finances again, during the time he used my MONEY!!!!)

Welcome to Divorce Hell babe, yes, they lie!

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09 Oct 07 #4522 by static3
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Hi
Same situation here but I am the Father/husband. I have always cared for my kids and only managed occasional part-time work. My adulterous wife on a nearly 60000 job (a level reached only through the sort of childcare you cannot buy)has left me worried sick about finances. The income for me and the children dropping by 3/4 overnight. Its not always the 'guy' honest! This site is proving useful though!

Take care all!

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