XH and split up 18 months ago, with a Consent Order and divorce was finalised January this year. The Consent Order stated that he would take our property in the UK. During the time of our split he completely drained the equity from the property and it now has about £2000 equity.
Before taking my name of the deeds and mortgage on 28th Feb as stated in the Consent Order he declared himself bankrupt. At the time of the bankruptcy there were no arrears on the mortgage.
Since his bankruptcy he's decided not to pay the mortgage so I've covered this while earning 1/4 of his salary and living in another country. He states that he still lives in the flat.
It is my understanding that as the mortgage is a secured loan it can't be included in his bankruptcy and as there were no arrears at the time of bankruptcy it can't be covered in the bankruptcy.
Has he deliberately incurred debts by not paying the mortgage since his bankruptcy and will this be frowned upon.
Also he has agreed to transfer the property into my name, he was going to give the keys back to the lender. The Trustee in bankruptcy now says I have to buy him out of his interest. As it stands this is £1000 less legal fees and as I've been paying the mortgage while he lives I've paid more than this.
Would it be possible for me to write to the trustee stating all of the above and asking for my contributions to the mortgage to be taken into account as my contribution to his interest.
I cannot believe that the trustee would have advised him not to pay the mortgage as it's less than any rent he would have to pay on a flat. I'm not really sure what his game is.