Do i ihave any chance of keeping the house?

[allgonebellyup]

My ex-dh and i separated April 07, however myself and the kids have stayed in the marital home, and i have been paying half of the mortgage myself, whilst ex dh has been paying the other half.

Over the past few months he has been gradually making these payments smaller so that i have been paying 2/3 of the mortgage and him only 1/3.
Now he is saying that he is going to pay absolutely nothing towards his son (dd is mine from prev r-ship)and i am worried how i am meant to pay the whole mortgage on my own. He is giving up his job and applying for bankruptcy so wont have to pay me a thing. i do work full time but its a struggle tbh.
I put in nearly a quarter of the house's value in cash when we bought it, which was money i had inherited when my dad died, so i feel its more mine than his.

Also the ex, when he left, took out a 20k loan secured against the house, which he has now stopped paying, and is telling me that i must pay this too, (around £180 a month) ON TOP of the whole mortgage.

Thing is, i dont want to sell up!!! What can i do??

Going to see CAB this week, but not sure what help they will be.

Dear AGBU

You definitely need to get advice on this, as it is complicated.

The CAB is a good place to start. However, you may need more intensive help.

Attached is a link to independent reviews of solicitors.

www.chambersandpartners.com/UK/Search/0/27/Firm/-/-

Keep the costs down by having all your paperwork together - details of the loan, mortgage, any letters or notes you have of agreements etc

With best wishes

Jaybird

Agree with Jaybird you need to get some professional advice, otherwise you could end up paying for the mortgage / loan and then he could swan back in a claim half the value.

Is he paying maintenance through the CSA? If they are involved and he gives up his job to avoid paying, he may well find that they continue with his previous assessment. If they aren't involved I suggest you open a case with them as soon as possible.

Agree you need professional advice regarding the other aspects.

hi

Thanks for advice.
No not paying through CSA, his payments were voluntary.
Surely they cant claim money off him once he is classed as bankrupt?

Child maintenance arrears cannot be written off as part of a bankruptcy. So they can claim money off him once he is classed as bankrupt. Any child maintenance ordered will continue to be liable.

How can they take money if he has none?
Can he just choose to hand in his notice and file for bankruptcy - is it as easy as that?

Are you divorced? If you are, what were the arrangements for the house?

no ,we are not divorced.

If he can't pay his debts then, yes, he can file for bankruptcy.

Re the house - do you have any paperwork showing how much you paid towards it initially? Is there any equity in it?

They can take money from any income he has. If they believe he has made himself deliberately jobless they can assess him as if he was still in his previous job. The can send the bailiffs in. If he dies they will collect the arrears from his estate. I could go on. They have extensive powers to collect maintenance.

Even if this is a genuine bankruptcy he will still have to pay some maintenance. However, the wording of your initial post suggests he is deliberately giving up his job and making himself bankrupt in an attempt to avoid paying child maintenance. If the CSA use their powers (which can be a big if, I'm afraid) it won't work. Unfortunately it may take a long time for any money to come through but the CSA have the powers to ensure that he pays.

ok, that sounds more promising than i had first thought.

Thank you!

Well.
i made a claim via the CSA and they told me it may take up to 26 weeks.

Then i went to the CSA where they gave me a load of print-outs that i could have done myself. I asked about legal aid to help with divorce or whatever it is i need to do, and they said i work too many hours to be able to claim this.

Shall i just give up my job and sit around claiming benefits all day so i am entitled to receive help??!!!

Sorry, i went to the CAB

I'm afraid the CSA aren't very efficient in my experience. You need to keep chasing them.

You will probably be able to find a solicitor who will give you an initial consultation free of charge, following which they will be able to give you an estimate of the likely final costs. Hopefully you will be able to get some kind of settlement from your ex.

i have no money whatsoever, and there is no way i can fork out for a solicitor after the initial free session

Thanks for listening though

Not legal advice but how big is your house and where are you? If you are in a city location, especially one with student population, could you rent out room to student or other professional? It may not be ideal but it is an easy way to raise a bit of income and may keep the wolf from the door while the CSA gets onto your ex-husband?

i have thought about getting a lodger and giving up one of the kids' rooms, but both dc are horrified at the thought of a stranger sharing our house and both dissolved into floods of tears. Our house isnt very big and im not even sure someone would WANT to live with me and my kids unless it was dirt cheap!!!!

Have called the mortgage co to see if they would change mortgage over to my name but they said no, on the grounds that i dont earn enough.

Can you rent nearby and rent your house out? (assuming mortgage co. would agree).

my dh wont agree to this though

i mean ex-dh.

When your ex took the loan out against the house, did you also sign the paperwork too and agree to the loan? Was the loan in both your names or just your ex's?