representing myself in court against an untraceable x husband

[coffeecup123]

Firstly any advice would be gratefully received.

Iv been divorced 16 years, my x-husband totally vanished any attempts in the past via solicitors have came to a dead end! The problem is, his name is still on the mortgage and I need to sell and move on. As he could at anytime force a house sale, so Iam not sitting waiting. In Dec 2012 CSA found him then he disappeared again (2 weeks later). He owes more in child support, then if he were to get half the money out of the sale of the house. I have only ever received 1 payment for his 3 children in 16 years.
So, iam representing myself, as I strongly believe no one has the passion I do for my case. So what order do I need? How do I start the ball rolling? Iv got all my passed court/file bundles there's a lot! we have started putting the case together, as really want to get into court within the next 6 weeks. Thanks for reading Annie

The application you need to file is for a transfer of property/property adjustment order however, your challenge is going to be to serve notice of the application on your ex. The court is going to want evidence that he has been served with the application ( incidentally you need a form A and to pay the application fee of around £240).

You'll need to hire a private investigator and give them as much info as possible, eg his family and friends, last employer, his car details, places he frequents etc and provide recent photos. Maybe you could find photos of him on facebook.

I'd suggest you track him down on the quiet before you issue your application.

As he's a slippery character, have the investigator, if he's a licenced pricess server, serve him with the court docs. Ask the court to provide you with all of the docs which they'd normally post.

There are things you'll need to file before the first appointment but i'll let collaborate or someone fill in the details (typing on iphone takes forever!)

Thank you for all that information mumblechum1. He is a slippery character! There has been numerous attempts to find him to no avail. He has had no contact with his family/friends in over 14 years. He's not on any social network sites. Even his so called previous address was not his living address, just an address he used.
He has an enforcement order against him. Surely I wouldn't be expected to pay out for a P I, if DWP/NHS/CSA cant trace him? Thanks Annie

Well you could have a shot at persuading the court that you've made all possible attempts at tracing him and provide documentary evidence of that and you never know you may be lucky but the court will take the view that he has an interest in the property and the circumstances have to be pretty extreme to persuade the court that it is fair to make an order taking away that interest without his knowledge.

This is not going to be a simple case and you really do need a solicitor or barrister to help you.

As long as you can show you've tried, and depending on the amount of equity in question, you may well manage to persuade the court to award you all of the beneficial interest in the property in lieu of child maintenance. Tbh it will be your only option to sell and move on...service on him is clearly an issue but the court can deal with that if you issue your application and ask the court for directions...you may be able to speed things up that way too.

Thankyou mumblechum1 and Nappaholic, I really appreciate your advice. I wont be paying out for a solicitor/barrister done that for so many years.
I am hoping the court will allow myself 100% of the house. My x also has some good pensions due in the next 10 years.
I just want to sell up and move on, sick of this hanging over us as a family.
Will keep you posted.
Annie