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Remortgage question, ex being difficult

(17 Posts)
slimbo Tue 14-Dec-10 16:23:06

Message withdrawn at poster's request.

WestVirginia Tue 14-Dec-10 16:24:45

Why dont you try to get back together?

slimbo Tue 14-Dec-10 16:27:16

Message withdrawn at poster's request.

Lulumaam Tue 14-Dec-10 16:39:21

he;s avoiding the csa and not being helpful or supportive to his ex, the mother of his children and your first response is to try to get back together ? hmm

i would get the lawyers in volved if not already, and get some answers

speak to the bank to give them a heads up too?

slimbo Tue 14-Dec-10 16:46:52

Message withdrawn at poster's request.

Resolution Tue 14-Dec-10 16:48:23

Helpful as ever WV. (shakes head sadly)

re the CSA - if he's working for a UK company or the subsidiary of a UK company the CSA will retain jurisdiction. Who does he work for? PM me if you don't want to make it public.

If his failure to cooperate leaves you with capital needs you could always apply for capital provision under schedule 1 of the Children Act. If the CSA has lost jurs=isdiction then you should apply IMMEDIATELY for maintenance under the Children Act. The court can back date maintenance but only to the date upon which the application was made. You can enforce it against his capital in the house, or against any UK assets he has. Presumably he wants to return to the UK at some point.

Lulumaam is right. Speak to a solicitor. No time to waste.

Lulumaam Tue 14-Dec-10 16:53:01

that sounds like professional advice from resolution!

it must be immensley frustrating for you, just wnat to wish you lucjk!

slimbo Tue 14-Dec-10 16:59:58

Message withdrawn at poster's request.

slimbo Tue 14-Dec-10 17:02:19

Message withdrawn at poster's request.

Resolution Tue 14-Dec-10 17:08:55

At least you have a solicitor. Presumably the agreement to transfer the property to you is actually of value, and is enforceable?

You can't sign away your right to child maintenance by the way, but if you do claim maintenance you would have trouble transferring the property to you as you'd have breached the agreement. Check the terms of that agreement carefully - does it include you waiving arrears? Is the amount of equity in the property worth it?

slimbo Tue 14-Dec-10 17:23:53

Message withdrawn at poster's request.

slimbo Tue 14-Dec-10 17:27:14

Message withdrawn at poster's request.

Resolution Wed 15-Dec-10 08:06:40

I'd check with another solicitor if I were you whether or not the agreement you reached is enforceable. Depends if you want it to be really. If you go against him for CSA arrears he'll say that you've not kept to your end, so he won't be bound by it. It looks to me like it might be an enforceable compromise of a children act claim.

slimbo Wed 15-Dec-10 15:26:45

Message withdrawn at poster's request.

Resolution Wed 15-Dec-10 16:28:54

You could see if you can get a capital sum from the property in lieu of maintenance. This would involve the court accepting that he's somewhere you can't enforce an order against him, and he's not going to pay voluntarily. Of course you'll not pay him a penny of the rental income.

I know it costs alot to get advice, but it's what you really need right now. When you're in a position to send him the paperwork to sign and he refuses to sign it you'll have to decide there and then whether you tear up the agreement (and claim CSA arrears and future child maintenance) or whether you try and enforce the transfer of property. That depends on the advice you receive about enforceability of the agreement, and of course the equity tied up in the property.

slimbo Wed 15-Dec-10 16:57:11

Message withdrawn at poster's request.

Gonzo33 Mon 27-Dec-10 14:57:26

You asked earlier if he needs to agree to the rental of the property, and I don't think I saw a response in the other posts. You do need to get his agreement to rent the property out as it is in both names. What I will say though is that IF you can get agreement from the mortgage company to let it without his signature and you email him telling him that it is your intention to let the property and keep a copy of that email then I don't see how he could object as he has been "informed".

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