A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Lines open: Monday to Friday 9am-5pm
Call for FREE expert advice & service info

What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.

Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.

Secured Loan in Ex''s name on my house

  • Strawberries
  • Strawberries's Avatar Posted by
  • New Member
  • New Member
14 May 12 #330521 by Strawberries
Topic started by Strawberries
My Ex and I divorced 18 months ago and our settlement agreement was that he got the business (previously 50% each) and I got the house. I have paid the mortgage on my own for the last 2 years, even though we still have to have joint names as the mortgage company say I can''t afford it!. He also agreed to pay a secured loan on the house from his previous business of £36,000. I have a court order to say he agreed to this.

However Last year he stopped making the payments of the secured loan without telling me, this went on for 9 months before the bank wrote and I opened a letter address to him at my house.

We have been threatend with repossession but I''m unsure if the bank can do this as the debt is in his sole name?

I couldn''t afford to rent and have two young children.

  • fairylandtime
  • fairylandtime's Avatar
  • Platinum Member
  • Platinum Member
14 May 12 #330522 by fairylandtime
Reply from fairylandtime
Hi strawberries

Welcome to wiki but sorry you are here.

This is a great worry for me also as currently going though a TfE taking x of the morg & you just never know do you!

I would contact the bank immediately & tell them the situation, give them a copy of the Consent Order if required. Having said this I was told there would be a charge put on the house in an eventuality such as this so not sure if it is too late already.

If like my morg company they may be open now, have had to throw myself on their mercy a few times due to x & they have always been really helpful (thus far) - hope yours are for you also.

Good luck JJx

  • Tirov
  • Tirov's Avatar
  • User is blocked
  • User is blocked
17 May 12 #331220 by Tirov
Reply from Tirov
You will probably have to sue your ex for the non payment in line with the consent order. If he has assets or a business go for the jugular so he comes to his senses.

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11

The modern, convenient and affordable way to divorce.

No-Fault Divorce £179

We provide the UK's lowest cost no-fault divorce service, managed by a well respected firm of solicitors. 

Online Mediation £250

Online mediation is a convenient and inexpensive way to agree on a fair financial settlement.

Consent Orders from £359

This legally binding agreement defines how assets (e.g. properties and pensions) are to be divided.

Court Support £250

Support for people who have to go to court to get a fair divorce financial settlement without a solicitor.