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XH breaking terms of court order

(6 Posts)
Notname Fri 17-Mar-17 10:02:36

Could anyone please help? I’m seeking advice for my friend. Her husband left her 18 months ago and they are now divorced. As part of the settlement he is required to pay the mortgage for the family home that she still lives in with their DS until the house is sold, at which point he has to pay her a capital sum (I believe this is in lieu of spousal maintenance). The house is up for sale but two sales have fallen through and there is no sign of a buyer at the moment.

He is now failing to pay the mortgage, and he is also not making the repayments on a loan that was taken out in both of their names (that he is now solely liable for under the court order). He earns very well so could afford to make these payments but chooses to spend his money on other things (eg recent foreign holiday and engagement ring for his new fiancé). Common sense would say that there must be some way of forcing him to make the payments, but the debt collection team from the bank of been chasing my friend, and when she spoke to them yesterday she’s found that the house is at risk of repossession (which she thought may be the case) and that defaulting on the loan/mortgage could ruin her credit rating, even though she isn’t the person who’s supposed to be paying them.

He has told her recently that he may declare himself bankrupt and ‘it’ll hurt her more than it’ll hurt him’. My understanding of this area is limited, but I think that going bankrupt could possibly get him off the hook for paying her the capital sum that he’s due to pay under the terms of the court order.

They had a low offer on the hose which would have left them with little or no profit after repaying the mortgage, so he rejected the offer as he would have had to find the money from elsewhere to pay the capital sum he owes her. Is there any way she can force him to accept the low offer, in order to proceed with the house sale rather than end up with it being repossessed?

It’s all such a mess and my friend has been through so much already (he left her and their 3yo DS unexpectedly for another woman, and has behaved like a complete arsehole ever since). She has of course contacted her solicitor about all this but is waiting for a reply, and I’m not sure how effective her solicitor has been so far. I just wondered whether anyone with legal understanding or who has been in a similar position might be able to help.

Many thanks in advance.

babybarrister Fri 17-Mar-17 19:48:33

All depends on the exact terms of the order - your friend needs proper legal advice

Pandamanda3 Fri 17-Mar-17 20:08:30

Hi op
Oh gosh I know how you feel my ex has broken order too, different things though like I found after I signed it he'd lied about our capital as he hadn't paid mortgage for a year but used capital as overpayment and so my problem is I can't do anything as its going to cost me to take him to court & my legal bills are stupid iv paid beyond what's reasonable so can't afford too.
Every term in my order he's broke it was the biggest injustice to me being charged £15,000 to fight for my rights and after it he just ignores it.

Iv just no way to find taking him to court it just suck's. Your poor friend will have been through the mill with it all I know it's dreadful, however as for him saying he is to go bankrupt I think he may get a shock. There are laws in place to say he can't just go bank she could easily prove its a game to be difficult and affect her and the judge I believe in cases like this would block it or ensure her needs are met from sale of the house and if he's so skint he's going bankrupt then the judge just takes it from his share so Id tell her not too worry. She has a child the money was there & agreed not long ago so how can the idiot explain such a sudden change in circumstance.

Bless her she's lucky your there for her though you sound like a great friend.
Wish you the best of luck op

Notname Fri 17-Mar-17 21:18:14

Thank you both. She has been in touch with her solicitor and another friend who is a solicitor has recommended someone too, so hopefully she'll be well advised. I also posted this in money matters and have had some good advice from there.

Sorry to hear you've been through similar Panda, though it's reassuring to hear that he may not be able to do what he wants quite as easily as he thinks. He's behaved (and continues to behave) like a complete shitbag. It's such a shame as she's very lovely and has been nothing but reasonable throughout.

MooseBeTimeForSnow Fri 17-Mar-17 21:21:13

As a last resort a judge can sign the paperwork instead of her husband

Notname Fri 17-Mar-17 21:23:56

Sorry, do you mean for authorisation of the house sale? That's good to know. Tho people my be wary of buying in such potentially tricky circumstances.

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