Halifax Mortgage threat of repossession

[chinnygirl]

I appreciate some advise regarding my daughter ,

 

 

She has been seperated from her huband for 5 years and living in the family home he purchased

as she wasnt working at the time to have the morgage in her name

 

 

he is in the army and living in barracks

he has had no contact with his 9 year old son for 4 years

and has now stopped paying his half of the morgage without warning my daughter .

 

 

she is now filing for divorce and has her name on the land registry,

the home has now been to court due to 5 missed morgage payments

and she was advised by a duty solicitor to keep paying the mortgage.

 

 

Her worry is if she pays the morgage and its in his name

where would she stand once divorce is through etc.

 

 

He husband wants the house repossessed.

The house was bought for 99k and valued now at 130k

 

please can you advise as she is getting nowere with solicitors ie not returning calls etc .

[chinnygirl]

I appreciate some advise regarding my daughter ,

 

She has been separated from her husband for 5 years and living in the family home he purchased as she wasnt working at the time to have the morgage in her name also.he is in the army and living in barracks he has had no contact with his 9 year old son for 4 years and has now stopped paying his half of the mortgage without warning my daughter .

 

she is now filing for divorce and has her name on the land registry,the home has now been to court due to 5 missed morgage payments and she wa advised by a duty solicitor to keep paying the morgage.

 

Her worry is if she pays the mortgage and its in his name were would she stand once divorce is threw etc the husband wants the house repossessed.

 

The house was bought for 99k and valued now at 130k

please can you advise as she is getting nowhere with solicitors ie not returning calls etc

Edited March 29, 2016 by honeybee13
Paras.

[ladyh0]

Hello.

 

Regardless of the fact that the matrimonial home is in your son-in-laws name it will still be classed as a joint matrimonial asset.

 

I take it when you say her name is on the Land Registry that she has registered a matrimonial home rights restriction?

 

can your daughter afford to keep up the mortgage repayments? Regardless of the fact that it is in his name if she can afford to she should try and pay the mortgage to prevent re-possession.

 

There is some equity in the property so what she should have been advised to do is either try and negotiate settlement with her husband but if he refuses, to issue an ancillary relief application to the Court (this is the financial side of the divorce to settle any issues such as what is to happen to the house)

 

The Court will look at the financial situation of both parties. She could ask the Court to either transfer the property to her subject to any settlement her husband may be entitled to from the equity or an order for the sale of the property and a division of the sale proceeds, again subject to an agreement on this or in the absence of no agreement, what the court thinks is fair and equitable.

 

These Court proceedings are expensive and (without knowing what your daughters financial situation is) no legal funding is available so the starting point would be to either try and negotiate with her husband or (as per the protocol before issuing court proceedings) attempt mediation

[chinnygirl]

Hello.

 

Regardless of the fact that the matrimonial home is in your son-in-laws name it will still be classed as a joint matrimonial asset.

 

I take it when you say her name is on the Land Registry that she has registered a matrimonial home rights restriction?

 

can your daughter afford to keep up the mortgage repayments? Regardless of the fact that it is in his name if she can afford to she should try and pay the mortgage to prevent re-possession.

 

There is some equity in the property so what she should have been advised to do is either try and negotiate settlement with her husband but if he refuses, to issue an ancillary relief application to the Court (this is the financial side of the divorce to settle any issues such as what is to happen to the house)

 

The Court will look at the financial situation of both parties. She could ask the Court to either transfer the property to her subject to any settlement her husband may be entitled to from the equity or an order for the sale of the property and a division of the sale proceeds, again subject to an agreement on this or in the absence of no agreement, what the court thinks is fair and equitable.

 

These Court proceedings are expensive and (without knowing what your daughters financial situation is) no legal funding is available so the starting point would be to either try and negotiate with her husband or (as per the protocol before issuing court proceedings) attempt mediation

 

Many thanks for your reply

 

My daughter can afford to make the payments but her worry is that if she does she doesn't no if she would get that back in settlement her husband is no cooperating at all and wants to have the house repossessed out of spite so annoyed and it's like kicking his wife and son out on the streets

 

She was advised by her divorce solicitor to put her name on land reg but I was told it will come off once divorced

 

She can't afford to incur costs as she is single parent trying to work just to pay her bills

It's a hard decision to make to stay and pay or just leave it be be taken she can't even get a mortgage to buy him out due to no deposite

Edited April 2, 2016 by honeybee13
Paras.

[ladyh0]

Yes the matrimonial home rights notice is valid until Decree Absolute is made so it is important that she resolves this issue before divorce is finalised. If she can afford to do so then she should continue to pay the mortgage but if he is not cooperating she will have no option but to issue proceedings. The Court will take into account all of their financial circumstances including income, pensions etc and there are anumber of options that she could ask the Court to consider ie sale of the property, transfer to her etc. Is he paying child support ?

[stu007]

Hi the weekend tends to be slower so please be patient I am sure someone will be along to offer advice on your issue.

 

Sadly this isn't my area, but what I can assist with is now you mention Husband is Armed Forces (so will have a forces pension accruing) and that she is filing for Divorce.

 

Have a look at the following as she may be unaware:

 

Armed forces pensions on divorce and dissolution of civil partnerships

https://www.gov.uk/government/publications/armed-forces-pensions-on-divorce-and-dissolution-of-civil-partnerships

[martin2006]

Do you already have a thread regarding this?

Multiple threads will only cause confusion

 

Thread title "repossession" requires merging if one of the team could do so please, im on my fone and cant merge them

Edited April 2, 2016 by martin2006

[Conniff]

You should write to his divisional officer and let him know about this. It will be taken seriously by the army so do it.

 

If you don't know where to go with that, start by dropping a line to:

 

The Army Welfare Information Service,

HQ Land Forces,

Louisburg Block,

Erskine Barracks,

Wilton,

Salisbury

 

SP2 0AG.

 

Posted on thread.

[Andyorch]

Do you already have a thread regarding this?

Multiple threads will only cause confusion

 

Thread title "repossession" requires merging if one of the team could do so please, im on my fone and cant merge them

 

Threads merged...please keep to one thread per issue.

 

Andy

[ericsbrother]

pay the mortgage if it can be afforded and take the matter up at the divorce court when it comes to the settlement. She will probably get 75% of the asset value and an order that she can stay there until child at least 21 he will then have wished he hadnt been so keen to cut his nose off to spite his face as he will get b***er all for at least 12 years and then only a fraction of today's value.