marriage breakdown, home repossessiongreenspun.com : LUSENET : Repossession : One Thread
My husband left me in February of this year for someone else, 2 months later he declared himself bankrupt, then a week later he resigned from his job. He now has another job but has not paid the mortgage for the last 6 months. I have 2 children under the age of 16. I am on state benefit at the moment and therefore cannot pay the mortgage myself, the dss is going to pay my half of the interest from 18th november of this year.
I am up in court on the 11th december for the repossession of the house, has anyone got any advice they can give me to help me try to keep it? The Chelsea Building Society are denying that i have contacted them about this.
-- bridgette jones (firstname.lastname@example.org), October 22, 2002
Firstly, anything that you send to the lender in future, send by recorded delivery - thats your proof that you posted it and that the lender received it.
Have you started divorce proceedings yet? If not, then do see a solicitor immediately, if only to see what your position is financially. I'm assuming that you and your husband had a joint mortgage, in which case it might not even be possible for you to stay in the house if he has been made bankrupt. Usually the Receiver will take all assets and sell them to pay off the debts, including the family home, although if there is a family living there, he may leave it. If the Receiver decides that he wants to sell the house, then you, as joint-mortgagee will have the opportunity to buy your husband's half of the property.
Its unlikely that the court will agree to let you stay in the house if you have no way of making the mortgage payments and paying off the arrears. Even if they did throw out the lender's repo application then the lender isn't going to be happy with half the interest payments for long before they try again, unless there is any chance of you getting a job paying enough to get you back on your feet?
What you can do is get yourself on the council housing waiting list, being almost homeless and with children will push you to the top of the list. You can also try housing associations as well. When you do go to Court, you can show the judge that you are trying to get yourself re-housed, and the judge may well agree to put off the repossesion order for a time, at least until you've got yourself somewhere else to live.
I understand that this isn't what you want to hear, but you need to be realistic and prepare yourself for the worst if it should come. Again, please do see a solicitor they'll be able to advise you on your rights as a deserted wife as well as a joint-borrower with a bankrupt.
-- pendle (email@example.com), October 22, 2002.