House reposessed but my name not on mortgage only my husbands

[peachroses]

Complicated situation: I put 40k cash down on house that cost 140k, husband cheated, assaulted me and found guilty, restraining order granted 2 years keeping him out of our house. He moved in with OW but says is on own and not contributed to mortgage though I voluntarily paid half. House now reposessed and arrears over 8k. Divorce ongoing but 3 court dates have passed and he still not provided info for form E even though I provided everything. I have solicitor who has done nothing as I could of stayed in house if financial side of divorce for ancilliary relief gone ahead. House gone up for 17.5k below market value. I previously had my name registered on land registry. Hes conned me out of all of my money and Im losing more day by day. Can I put a legal charge on him to get my money back or should I just walk away. Im stuck financially as family all far away and I only work less than 30hrs a wk. I have legal aid but only for financial side of divorce but solicitor not helpful and ignores my pleas for help to get this is court. Date to exchange on questions for form E gone plus 2 other dates and still hes not provided all financial disclosure. My solicitor given his my questions on form E. House will sell quick please help.....what rights do I have to register a legal charge on him. My 40k came from my own house sale before we married. Married only less than 2 years before he cheated!

[RedHelenB]

Doesn't matter about the deposit if there is no money left at the end of the repossession! What other money is there to sort out? For goodness sake don't waste your money on solicitors fighting for money that simply isn't there! One good thing about not being on the mortgage is that you will still have an ok credit rating whilst your ex's is rubbish!

[Collaborate]

You'd need the advice of a conveyancing solicitor to see if there's anything you can do without taking it to court. You can't stop them selling the house, but you can ask your husband to agree that he will not dispose of the proceeds of sale when they are eventually paid to him.

If he doesn't give you this promise, if and when he eventually receives something from the sale, you can apply for an order from the court preventing him from disposing of the money he receives.

It doesn't sound like the sale of the property is imminent, so your solicitor cannot really do much about it at the moment.

Unfortunately legal aid fixed fees for this kind of work mean that your solicitor will only get paid £700 acting for you in the whole of the proceedings. It is no longer financially viable for a solicitor to to give the same kind of service to a legal aid client as to a private client. Private clients can have as many meetings with the solicitor as they want. Legal Aid clients unfortunately have to make do with the bare minimum.

[peachroses]

Yes that would appear to be the case but due to the arrears and cost of sale plus charges incurred by husband agreeing to payment arrangement on arrears and failing to keep agreement 3 times that I am aware of...could be more balance is dwindling plus now 17.5k under market value. We were joint tenants but its like I dont exist as Im not on mortgage.

[peachroses]

Have solicitor and not much help also been to CAB and situation was too complicated for them advised me to get solicitor! Im not getting much help at all from her. Solicitor only helping with financial side of it but not doing anything even though Im pushing. I registered my interest with Land Registry but mortgage company will not discuss case with me as mortgage in husbands name even though they are well aware it was my money as I had to provide paper trail from where the money came from prior to mortgage being given. I had minor credit faults but mortgage advisor 3 years ago advised mortgage only going to perfect credit scores.

[Hansard]

If you can prove that you contributed to the mortgage through the bank then you can put in a legal claim towards the property as yes you do have rights. Do not walk away. Speak to a solicitor or the Citizens Advice Bureau. Good luck.

[Woody72]

Hmm complicated. You say about registering your name with the Land Registry.... was this as a joint tenant? I will assume that you were joint tenants and the house was bought by both of you. If the house is repossessed it belongs to the mortgage lender. It will be sold, remaining mortgage paid plus any costs I would presume and rest payable to the registered owners.