legal rights after repossession.divorced name still on the deeds.greenspun.com : LUSENET : Repossession : One Thread
help! can someone please advice me further? i have been divorced for 16 years,ex-wife stayed in former matrimonimal home,two children,girl/boy.
court order gave her occupational rights,custody,and two thirds equity in lieu of child maintenance.however i have always paid volutarily for children and always tried to help ex-wife pay her bills still!and made occassional mortgage payments.after seperation she was on income support and interest only was then being paid to lenders.subsequently the mortgage loan as increased.
i have not however maintianed a good record of my payments and would not wish to go back to court again over any issues.had enough for one life time.i did not sign the house over at the time as the courts requested me to!ie. sign conveyancing document!thats why i am still firts named on the deeds!she as never yet got it enforced by the courts?
my concerns now are that she is not making regular payments to halifax and i am getting letters to pay mortgage.she is living in property with her boyfriend,their son of 13. yrs. and my son of 23. yrs. old.
i do not wish to see the house repossessed or my son made homeless.my daughter left home some years ago now and her life is in a big mess also. i have been living in different accomodations since divorce but now i am living in my brothers house paying him rent.
what i would to know is what ex-wifes legal rights are if i do not pay and allow the house to be repossessed?i have been told that the moment she is evicted all her rights are null and viod?is this correct?and that before the halifax can sell to anyone else i am legally entitled to redeem the mortage but the halifax would want all the arrears,legal aid charges,and costs they inccur through repossession paid of as well.
as i am not in a position to afford or raise enough money to buy out my ex-wifes two thirds equity i was wondering would it actually be possible in practice the moment she is evicted to actually do exactly this.ie. walk into halifax redeem mortgage,pay off her legal aid charge and mine,and the costs?although her legal charge and the arrears and the costs are notall my responsibility and recover the property without having to buy her out or getting her permission for me to do this?i know it is very complicated idea but could it work inpractice? i know her debts are not my responsibility but finding the moneys to do all this would be enormaously a lot less than the two thirds i would require to buy her out in a normal transfer in a normal transfer of equity!
questions. can she block this manouvere or the halifax. could i do without hers or the halifaxs permission?
if i did achieve this idea would it be of benifit in recovering the property or even after she is evicted would she still be entitled to her two thirds equity the court originally awarded her? i am hoping if she allows herself to be evicted if all her rights are null and viod that this would/could literally apply to the court order?ie. the court order becomes null and viod and i do not have to buy her out, just redeem the mortgage so hopefully her name comes of the mortgage and the deeds and mine would stay on without having to buy her out,could this happen/is there a way? i know i am looking for a miricale to happen.she is not going to give me the house back and if i was going to try to buy back off her she would want every penny she could get out of me,for this reason it is now beyond my means.unless some how repossession can somehow work in my favour after all these years?
i know the questions are coplex and i am not in a position to afford to pay a solicitor for further advice.hoping someone will advice me further?
if i achieved recovery some how after repossossion by redeeming mortgage,would she be entitled to move back in the property?
if i am entitled to redeem the mortgage after repossession how can i get her name of mortgage and the deeds without hers or the halifaxs permission without me having to but her out?relinquish her two thirds???
is there a genius out there or genourous millionaire who can help me? please. please reply to my e-mail address at "firstname.lastname@example.org
-- leslie maisey (email@example.com), May 20, 2003
If your name is on the mortgage and the deeds then you have just as much right over the property as your ex-wife. Indeed you could move back into the property as a joint owner! I know you comment that you cannot afford a solicitor but initally I would suggest you go and see one on a 'fixed fee' basis. I saw mine firstly at a cost of £45 then I discovered I was entitled to Legal Aid. I did have to pay it back, but at least I did have a chance to put some money aside to pay for it all and not have to pay it out all at once. You can only get her name off the mortgage and deeds via her signing. What happened in my case was that my ex-husband stopped paying his half of the mortgage after leaving. I offered him a settlement figure which I then added to the mortgage when he accepted this in return for him signing all rights of the property over to me. I also got a 'full and final' settlement which means that he can never come back for anymore, as it is possible for ex-partners to return for more money many years later if this is not obtained. I would suggest you go and see a solicitor, I know it is difficult with costs etc. but you cannot get her off the deeds/mortgage without her signature and if you do it yourself you may end up missing something or making it worse. I sorted out my own divorce against my solicitor's advice thinking I would save money and in the end it just cost me more. This was some years ago and is sorted but it took 2 years to sort it out whereas it could've been done in 6 months. If you are anywhere near the South East of England let me know as my solicitor is excellent and not the most expensive and I will give you his details.
-- Chris (firstname.lastname@example.org), May 21, 2003.
I moved out of my home, after a marital breakdown, leaving my husband in the house. After a while my ex decides not to pay the mortgage. After various visits to the building society (Coventry) who offer no assistance and various months of threatening letters they take both my ex and I to court for repossession. Basically, if you are named on the mortgage you are responsible - i.e. they go for one or both of you for the debt, regardless of income etc. Your wife will be evicted, regardless of children, and you and her will be blacklisted. You do need to seek the advice of a solicitor - without one you will drown in the legalities and pressure. ASK for legal aid. In the end the court allowed my ex to remain in the house based on his income (he lied on this one and got away with it). Having been dragged to court for repossession twice and threatened by bailiffs twice I decided for my sanity it was better to sign over the house to him. If he doesn't pay the mortgage now at least Im not liable for the debt. Basically seek legal advice quick and get your wife off the mortgage deed if you can afford the mortgage. Good luck.
-- jackie andrews (email@example.com), May 21, 2003.