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Debts due to MH. What to do? Can i make her pay

  • Very_bitter2012
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06 Jun 12 #335449 by Very_bitter2012
Topic started by Very_bitter2012
Please can anyone help.

I recently divorced and both my ex an myself moved out of the MH a year ago.
I am living with my partner and 3 children in rented accomodation which i am paying for.
I have been paying the mortgage for the last year by my self and also paying off the family loan/overdraft debts. She hasnt paid a penny.

As part of our divorce agreement statement i would transfer all debts into my name and only start paying child maintenance when the MH had sold. (it has been on the market for a year). Therefore paying off all of the family debt and me being able to afford it. With no equity to spare.

She has now seen red due to the birth of my new son and gone to the CSA for child maintenance.

Mortgage is 500 pcm (still 71,000 owing)
Loan is 300 pcm (24,500 still owing)
Overdraft was 2200 of which i have paid 1000 so far. 60 pcm
My wages minus the above and child maint of 500 pcm and rent of 520 pcm, this leaves me with 250 per month to support the 3 children i have living with me and also my own 3 children when i have them every other weekend as agreed.

Starting to feel like i am going under and need advice on whether just to stop paying the mortgage/loan and overdraft just to survive. When ever i speak to my solicitor i end up confused in what i should do. Can i make her pay?????


Also, i have just had an offer for th MH for 94,500 which wouldnt cover thesecured loan and mortgage.

Thats why im bitter!!!!!!

  • fairylandtime
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06 Jun 12 #335450 by fairylandtime
Reply from fairylandtime
Hi VB

Don''t be bitter as it only reverts on you (I know itis something that goes round in circles)

I knowhow you feel from the point of view that I took on all the debt, morg & get paid minimal (lower than CSA) for the kids. But short term pain long term gain.

I would contact the CSA, you cannot be expected to pay the morg in full & the CSA , see what they say.

Have you not got your Consent Order finalised? This will over all the above, the main thing is that (all) the children in both families need to be carted for & looked after by both sets of parents - not just you & not just your x.

A wise wiki should be along soon to go over the proper facts & figs, but just to say hang on in there & don''t get bitter.

JJx

  • Very_bitter2012
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06 Jun 12 #335453 by Very_bitter2012
Reply from Very_bitter2012
Thanks for the support jj, i spoke to the csa and they old me it was nothing to do wiith them. They were just bothered about me paying for my children, even tho i explained that i couldnt afford to support my current family. They just wished me luck in resolving the debts x

Vb

  • Fiona
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07 Jun 12 #335454 by Fiona
Reply from Fiona
The CSA is a blunt instrument and the staff have no discretion. Did you specifically agree to pay the mortgage as part of a court order and is the mortgage in your name only or joint names? Whoever is named on the mortgage is liable to pay and will be pursued by the mortgage lender for any arrears but it wouldn''t be unreasonable for your ex to pay the mortgage if she can afford to because she has sole use of the property.

The other thing to consider is getting help from a debt charity to go through the finances to help you prioritise the debts.

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07 Jun 12 #335471 by Very_bitter2012
Reply from Very_bitter2012
I agreed in the divorce papers that I would continue to pay the debt and she didnt need to pay anything as long as I didnt have to pay maintenance. And all the debts mentioned are in joint names.
My solicitor is trying to put together a Clean Break agreement.

Chris

  • hadenoughnow
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07 Jun 12 #335476 by hadenoughnow
Reply from hadenoughnow
Is the FMH empty? Where are your ex and the children living? Does she work? What is she living on?

You say you are supporting your new partner''s children. What about their natural father - does he pay cm?

You have had an offer that covers mortgage and debts all bar a couple of thousand pounds. That is 4 months mortgage payments so you could clear the lot very quickly.

Alternatively could you live in the FMH and give up the rented place?

Hadenoughnow

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07 Jun 12 #335489 by Very_bitter2012
Reply from Very_bitter2012
FMH has been empty and on the market for a year and the ex wouldnt agree to rent it. She is living in rented accomodation funded by benefits and she also works the minimum amount of hours to still claim the benefits. (she still drives round in a 10 plate new car and manages to afford it without my maint payments.

My partners childrens father is on the dole and cant afford CM and the amount that she could get from him from the dole is infinitissimal. We have one child between us.

The Ex moved into a house down the same street as the FMH and 2 doors down from my parents, as you can understand this has become very acrimonious and my ex has already requested I dont turn up to pick the kids up with my partner in the car as it upsets her.

VB

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