Halifax Mortgage threat of repossession

[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

[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 ?