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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.

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Downsizing

  • AdventureKitty
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03 Jun 12 #334825 by AdventureKitty
Topic started by AdventureKitty
Hi,
I was divorced in 2009 and at the final financial hearing it was decreed that my ex husband had no financial interest in the house, that he had to take his name off the deeds, pay his arrears on the mortgage and the secured loan, and indemnify me against his debts that were from the joint account.
He didn''t comply with anything orederd at the hearing and only once paid me the ordered maintenance.
He agreed that I could downsize to a more affordable mortgage, but 3 times when I had buyers and had made an offer on a property he changed his mind when it came to signing the papers.
This year, he declared himself bankrupt and although he works constantly (self employed) and earns a good wage, he hides his money through his girlfriend''s business and accounts. They have been living together for 4 years.
I am registered disabled and so is my 10 year old daughter who I am carer for. She has been awarded a disability grant to convert the downstairs as a matter of urgency to stop her falling down the stairs during seizures, but I am being taken to court for repossession of the house because I can only pay my mortgage 4 weekly and not monthly, even though they take the DWP payment 4 weekly and openly admit that I always pay every 4 weeks and have done since 2009.
I desperately want to downsize and my previous home, which was mortgaged by the same company, has come back up for sale. This would take £100,000 off the mortgage and clear all the arrears, but the bank are saying that because I am in the collection department they wont allow it. Had I asked before I was in this department, they would have said yes.
Do I have to have my ex husbands signature to achieve this? Can the judge at the hearing help me to do this?
I just don''t know what to do. It seems ridiculous that I can reduce the mortgage by £100,000 and clear the arrears but I can''t find a way forward.
Any help with this would be very much appreciated.
Regards
N

  • hadenoughnow
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03 Jun 12 #334829 by hadenoughnow
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This sounds like something that should have been back before the court for enforcement a long time ago.

It seems you have 2 problems ... his refusal to sign for changes to the mortgage - which the judge can,, I believe, do instead - and your inability to pay the mortgage as required by the bank (ie monthly). TBH I am puzzled by this one ... presumably they have been getting the full amount but 4 weekly instead of monthly? I am sure you cannot be the only mortgagee to whom this applies.

Are there still arrears on the mortgage?

Unfortunately though the court has no power to compel lenders to do anything. It does sound rather like you need a human being at the bank to apply a bit of common sense to this situation. Sadly all too often they rely on algorithms and no common sense so if the computer says no, then you are stuck :(. I would see if you can go up the food chain at the bank a bit ... and see if you can get them to agree a way forward while at the same time you apply to the courts for enforcement of the order.

If he is bankrupt though I am not sure you would have any joy now with claiming arrears etc .. but you would at least be able to get the judge to sign paperwork for you. Is his name still on the deeds? Or was that sorted at the time?

Hadenoughnow

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03 Jun 12 #334832 by AdventureKitty
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Thank you so much for your reply.

I agree it should have gone back before a judge ages ago, but he''s clever about hiding his money. He had his own business at the time and could write his own pay cheques. He''s since sold the business but not paid me the £2,500 that they owed me either. If I take him back to court he''ll just show he has nothing. It''s so frustrating.
The first time he did this we were still going through the financial hearings and I had to self rep (he could afford a barrister) but when I told the judge what was happening he just said that he couldn''t force him to sign a mortgage and left it at that. It as a different judge to the one that made the final order.
I agree about being puzzled regarding the possession order. But I was hoping that going before a judge might help, that he might see how stupid this all is and tell them to stop proceedings - this is the third time they''ve done this now. Every time, they say if I do this, they wont repossess so I comply. Then it starts up again and if I do that the wont repossess, but I''ve done that and here we still are.
There are arrears on the mortgage, we had it for 15 years with never a penny missed until my ex suddenly stopped paying during the divorce proceedings. In order to keep a roof over our heads I agreed to take half the arrears. I had 4 children living at home at that time. All his. The mortgage company say that I don''t need to worry about the arrears, this is purely about the 4 weekly thing.
Because it''s gone to court I am no longer allowed to speak to the bank and can only speak to their solicitors.
He may be bankrupt, but he hasn''t declared his debts to me or his arrears and hasn''t shown them the final order either.
So is it possible for me to go to court and downsize to my former home and the judge could sort out the mortgage?? That would be fantastic. I don''t care how much money he has, I just want to keep a roof over our heads.
N

  • WYSPECIAL
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03 Jun 12 #334857 by WYSPECIAL
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If you can pay the mortgage four weekly why can''t you pay it monthly? The difference in size of the payments would be very small but there would be one less payment a year so the total cost would be the same.

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03 Jun 12 #334861 by AdventureKitty
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I only have benefits which are paid 4 weekly. If I change to monthly there will be months where the mortgage is due before the benefits are paid and I will be showing as a month in arrears. I simply don''t have the spare money to increase the payments to cover the initial short fall.
N

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