Ex husband not signing consent order or paying maintenance

[scoobiet75]

Hi, I am looking for some help. In 2001 I divorced my ex husband because of his abusive behaviour, we have 2 children together ( 13&14), the divorce was finalised but he vanished without signing the consent order, he had a solicitor and she advised him to sign the order giving me the house for me and the children, he hand wrote a letter stating that he wanted nothing to do with the mortgage and wanted it signed to me. This was never completed in court. Since then he has made no maintenence payments, the CSA are chasing him for £20,000. I have now found him and got a new consent order drawn up, he now wants money as he says he is in Debt, I have always paid the mortgage since 1996 when we brought the house on a 100% basis. My solicitor advises me that when i take it to court, as he has made no payment to the house and there is little equity in the house the judge will transfer the house to me. My ex husband says he is going to go bankrupt so that i have to sell the house and make his children homeless, he is re-marrying this year abroad on the beach. This from a man who has no money!!
CAN ANYONE HELP ME WITH ANY ADVICE? OR HAVE YOU BEEN IN THE SANE POSITION?

I don't know much, but did your solicitor talk about getting a financial separation in place? If not, you need to do this before he goes bankrupt. Can you ask your solicitor how quickly you can take this to court, if as they say the judge will transfer the house to you?

Chin up. I'm sure someone with more advice will be along soon. And remember it could be worse - you could still be with him

You need to get a final financial order before any bankruptcy petition is presented. Usually proceedings might take 6 months from date of issue to final hearing.

You never know though - chances are he's talking from his arse just to wind you up.

I am fairly sure that he cannot force sale of the house until the youngest child is 18 in any case. can you prove that it's you who has been paying the mortgage for 15 years and not him?

You MAY have to remortgage slightly and buy him out of his miniscule share, if, indeed, he has a share at all.

or, as he owes you £20 grand in maintenance, you could say you will take it off the debt he already owes you.

Sorry, I can't be much help, I'm not a legal seagull/

Can force the sale if made bankrupt. Not much sympathy from the courts in that instance.