What happens to property etc if they refuse to engage

(19 Posts)
Newbrummie Wed 17-Jun-15 11:02:23

Like at all, won't divulge address, ignores emails.
He's abroad and the family home is in his name.

cannotseeanend Wed 17-Jun-15 19:24:08

I am guessing you are initiating a divorce of someone abroad. Firstly it makes the situation very difficult for the person abroad. Threatening them is not going to make it better. You serve papers through Foreign Process Service AND you make sure the country's receiving bailiff actually does serve. It is very very hard when one person does not want a sale. It might help if you try and understand that when making decisions. You also have to prove any address you have is a real and valid one. Or you simply wait several years to get sale.

Newbrummie Wed 17-Jun-15 19:38:06

Worse comes to the worse I guess I can serve him when comes to see the kids but it's still very difficult. I take the court won't just get on with it, given it's causing the children and it such hardship ?

cannotseeanend Wed 17-Jun-15 20:53:46

What do you hope to achieve?
If you are married, it is not relevant whose name is on the deeds of a house. If you have children under 18, you can continue to live there.
No if you want to serve, it's up to you, the court is not your friend and doesn't do things for free, you need to pay if you want to serve.

Newbrummie Wed 17-Jun-15 21:43:58

I want the money out of the house that's what I hope to achieve I cannot go on paying the mortgage indefinitely for a property I don't live in, that's in somebody else's name whilst the children and I live in poverty unnecessarily. Serving him won't be a problem as such getting him action/take responsibility is entirely another matter

caroldecker Thu 18-Jun-15 00:11:50

Why don't you live in the property? If you don't, why are you paying the mortgage?

Newbrummie Thu 18-Jun-15 07:52:56

Because I'm trying to protect the only asset we have for the sake of the kids

LotusLight Fri 19-Jun-15 13:39:49

Is the family home in the UK? Who currently lives in it?

Newbrummie Fri 19-Jun-15 15:03:30

The house is in the uk, it's currently rented, I receive the rent and pay the mortgage with it and pay the difference, have for the past 3.5 years. There's only £45,000 in equity which I know is bugger all to many people but I need that money. I wrote him a cheque for &30,000 when we got married and I sold my bachelor pad.

caroldecker Fri 19-Jun-15 17:12:04

I assume you rent yourself - would it be cheaper to move into the house?

Newbrummie Fri 19-Jun-15 18:06:25

No and we couldn't get school places locally either, we've relocated near my mum completely fresh start

LotusLight Sat 20-Jun-15 12:27:38

Also once you serve the divorce petition try to agree the finances with him and if not have a court financial hearing with a court order on finances otherwise you might have decree absolute, be divorced but the money side is completely up in the air.

LotusLight Sat 20-Jun-15 12:28:57

Also look at capital gains tax. You will probably pay 28% tax of the £45k equity on sale after deduction of allowances etc so the sooner it is sold the better.

Newbrummie Sat 20-Jun-15 13:19:22

Why would we pay capital gains on the family home ? I thought if it was your only residence you didn't pay ? There's no but to let mortgage on it

cannotseeanend Sun 21-Jun-15 07:07:48

CGT because you are renting the property.
You need to contact HMRC and give them figures and dates and they'll tell you if you will pay CGT or not.
I did this for our family home, I bought out my husband's ownership and I was under CGT but only just. I have to declare it for next year and it will be exonerated of the CGT.
Your liability depends on your personal circumstances, so even if you don't end up paying any, you will have to declare it in the financial year you finally "dispose of asset". It's an addendum to the usual self assessment.

LotusLight Sun 21-Jun-15 08:26:10

Also you are making losses from the letting so you want to put those on your tax form too so you can set them against any future letting gains rather than letting the losses go to waste in tax terms. (You cannot set income losses against capital gains).

I would not worry about the capital gains too much unless you're in a hot spot as for 2 or 3 years in most places gains will not be huge and you and your ex probably have a £10k approx annual allowance against CGT and you can also set any capital expenses such as purchase costs of the property, lawyer fees for the property purchase (and sale) against the gain or if you have my bad luck you will make a capital loss (we sold 2 flats for a 50% capital loss in the 1990s property crash so obviously no CGT then to pay! as no gain).

Newbrummie Sun 21-Jun-15 08:47:44

Ok so there's about &45,000 in equity, he pays no child support as he doesn't work despite agreeing to. I have a drafted consent order from him last year saying he'd give me the house and half his pension.
I had an email yesterday telling me we will let the court decide.
I've spoken to a lawyer who said it's not worth fighting for ..... I will never be able to provide a stable home for the kids again if I don't get that money, he would have let the house get repossessed twice and indeed is unemployed he cannot pay the mortgage arrears and difference between rent and mortgage.
I feel like having tried to be amicable it's now all slipping through my fingers and neither of us will end up with anything as a result.

LotusLight Sun 21-Jun-15 11:58:49

It sounds very difficult.
If he will not engage but says the courts must decide you have no choice but to push it to some kind of final financial hearing but if he's abroad and does not turn up that's very hard.

£45k equity - the tax office apportions that between periods you lived in it as your home and periods let out evenly although I think on divorce you get 1 year or 18 months when you don't need to live in it to sell it in without CGT.
So if you owned it for 10 years (ignoring my last point) and 8 of those were as your home then then only £9k of the gain is from after you stopped living in it and that under your annual CGT allowance, whereas if you lived in it one year and let it out for 20 then most of the gain would be subject to capital gains tax.

Newbrummie Sun 21-Jun-15 16:13:46

I think I'm going to apply for the divorce and ask for spousal maintain ce he will then go nuts and giving me the house as he's repeatedly stated he will in writing should seem like the preferable option

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