Mortgage Arrears After Divorce

[DelilahDingleberry]

House bought in 2007, separated 2008 (I moved out, ex stayed in FMH), divorced 2010.

At the time of divorce, the house was in negative equity - 100% interest only mortgage with higher lending charge approx £200k. No financial orders were made. I was 22, received poor advice and naively trusted ex to remove me from mortgage ASAP. I remarried in 2014 which I understand may complicate things.

Ex ran up huge arrears and fees. Unknown to me, house was put up for repossession in 2009, 2011 and 2014. In 2015 when I found out, house value £200k but outstanding loan £223.5k. Rang a solicitor, they said there was nothing I could do - wouldn’t even have me in for an appt as would be a waste of my money. I had to just wait for ex to clear arrears.

2018 ex manages to clear arrears.

However, 2 month later, missed payments again. Application for repossession again in Sept 2019. Payments made until Jan 2020 and then nothing til July 2020. I’ve only just found this out.

I’ve spoken to mortgage co and they’ve said only reason no litigation is because courts closed because of Covid.

House currently worth approx £250k. Outstanding loan £230k. Joint tenants.

I just want out now. I want to either sell, or he move out and I take over responsibility. I cannot trust him to pay anymore and I can’t afford to house myself and pay his mortgage.

We have two children 16&13. He has two more children, 11&7 who live half the time with their mother elsewhere.

Given the endless arrears, do I stand any chance of getting either an occupation order or an order for sale? Or does the fact we have children mean the court won’t do anything? He earns a huge wage, take home over £3000 a month plus a side job. He can afford to rent.

I’ve got an appt with solicitor for next week but really hoping someone can tell me if I stand any chance or wasting my time as I’m driving myself crazy with upset.

So you're still on the mortgage so technically own half the house?

And now it's worth more than the remaining mortgage plus arrears?

You also need to get a financial order made asap. Nothing to stop your ex coming after you for money in the future otherwise.

Assuming you divorced him, and you included the standard prayer for financial remedy in your divorce petition, it doesn't matter that you remarried.

Just apply to court for a financial remedy order. It might take a year or so to conclude but at least you'll get a conclusion rather than this nightmare sword of Damocles hanging over you.

Thank you for taking the time to reply.

I wasn’t the petitioner. From what I’ve read my only route if he refuses to engage with me is through TOLATA.

If he made a financial remedy claim (he is not remarried), can I defend my 50% or is he automatically given 100% of the equity?

@DelilahDingleberry

Thank you for taking the time to reply.

I wasn’t the petitioner. From what I’ve read my only route if he refuses to engage with me is through TOLATA.

If he made a financial remedy claim (he is not remarried), can I defend my 50% or is he automatically given 100% of the equity?

Your understanding is correct on both counts.You can try and retain your 50% and I expect you'd be successful.

One of the things about TOLATA is that courts routinely make costs orders in favour of successful litigants, which you don't get in financial remedy proceedings, so it might work in your favour.

Thank you so much Collaborate. I know there are no guarantees but it’s a relief to read that.