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Not sure what to do. Should I pay the mortgage?

  • gone1
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  • Platinum Member
19 Dec 07 #9257 by gone1
Topic started by gone1
Right. This is complicated. And I will cut some corners. I have had my 1st hearing and it was turned into an FDR. If you have read my blog U will have seen that I re mortgaged the property (ex FMH) and took 30K equity from it as a final pay off. I bought my own home with that money. So I have done a 1st app / FDR and we have a heads of agreement that says I have to pay her back the 30K back. The condition is that this is a Clean Break settlement. I have been trying to raise the cash. I managed to get 18K from my building society but that is dependent on her signing off a TR1 deed transfer form.

The remaining 12K I am doing a 25% statutory draw down on my pension cos I am over 50. So that in theory will give me 30K. There is 2 problems however. I am not sure that she will sign the TR1 form. The other problem is there is a delay in getting the 25% draw down. Could be January. But I should be OK as there some 28 days to pay it and cannot be enforced anyway as the Decree Absolute is not thru (25th December).

Now my question. I pay her mortgage and the heads of agreement state that I should pay it until the order is confirmed. Should I continue to pay or not?

I could say that because I am paying this lump sum she has enough to pay her mortgage. She also has her partner living with her. She has also lied and said that her friend is helping her out with money.

But knowing her she may try and get an interim maint order and that could amount to more than the mortgage payment. I am in a quandary what to do. BTW she is evil reincarnate. Chris.

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