divorced and mortgage

[lovemybabies3]

i all, my sister seperated from her husband 4 years ago! 2 children and a mortgage! he left for another woman, he soon got her pregnant and moved in straight away! anyway 4 yrs on and still no better off! he wants his name off mortgage snd she does! theres no equity in house and they had a government loan which she has been paying since the day he left! he said he would just sign it over as he wants to buy another house with new gfrend! my sister got everything arranged paid out alot of money for survryor and solicitor and now he has backed out! stopped paying her and dropped dwn his working hrs to 2 days and doing jobs on the side so csa cant makr him pay for kids! she now doednt no what to do as cant afford court! she just wants her house and to be left to live her life.

No practical advice but sympathy to your sister and will read with interest...

My sister and her DH split 6 years ago!! He is still refusing to sign divorce papers, still refusing to sort out the house they still jointly own but only he lives in (with his gf!), and has also reduced his income and has even go so far as to claim child support off her for their son who lives with him, their DD lives with her (both mid teens). All sister keeps being told is 'take I'm to court' but she can't afford to.

its so anoying to see tho! people always say take him to court but it costs so much! my sister has had everything set up for him to sign it over but now he thinks theres money in the house and wants to be paid off! the solicitor and mortgage advisor have both sent letters saying its in negative equity but hes just ignoring it all! she now wants to stop paying the mortgage so they both get letters about paying it and maybe even black listed as she is that fed up with him!

So similar! My sister did stop paying her half of the mortgage, several times in fact, but each time he lets the mortgage go in to arrears to the point of being threatened with a repossession order and each time she relents because she doesn't want the house repossessed and all that entails re credit file etc. They have about £100k equity in the house and he has said he will only sign papers etc if she signs over the house to him and walks away with no money from the house! Sorry, this isn't helping you at all so I'll go back to the shadows and watch with interest in the hope someone comes along with good advice.

its fine,thanks for replying i hope someone does come along with some advise for us both to pass on! hes just a low life! even talking about it now makes me so angry, so god noes how my sister feels! yes i suppose aswel its there childrens security!

I know the court fees are expensive up front (unless you qualify for a reduction) but the only thing that will resolve the situation where one party unreasona ly refuses to cooperate is an order from the court. Usually, the loser has to pay the court fees in the end, so you get them back. You don't need a solicitor. If you can explain your case to the judge, then often that should be enough to get what you need. It takes courage to do it on your own but there are also a few pro bono organisations (CAB etc) that can help along the line. Plus the court might make you mediate and if you can reach agreement in mediation and the agreement is breached it is much easier to go to court and show that the agreement has been breached.

Does your sister have a sufficient income to take on a new single applicant mortgage for the house? You can’t just “take someone off” a mortgage, as advised your sister would need to prove she earns enough then take on a new mortgage by herself.

yes she has been accepted for 1 and had everything in place to take it over! then her ex decided not to sign it!

Issue court proceedings. Do as much as you can yourself. Find a solicitor that will charge £200 to chexk it is all in order. Represent yourself. If he doesn't engage you should get your order without too much trouble and no further cost. If he does engage he will have to explain why he has gone back on a previous promise.

Are they actually divorced yet as this should have all been settled during the proceedings.

yes they are divorced! he wanted 1 as soon as he left so got it! we all did say to her she should get everything settled at the same time but she just wanted to go along with his demands! hes such a control freak and still trying to now! i will pass all the replys to her and hope she listens and settles it all.