Active discussions

Meet the Other Phone. Flexible and made to last.

Meet the Other Phone.
Flexible and made to last.

Buy now

Please or to access all these features

Talk
Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Original poster

Consent order & Property repossession proceedings

23 replies

Aruamom · 30/07/2022 16:37

My ex and I divorced 12 yrs ago and financial matters were formalised through a consent order in 2010, we have no kids together, just had joint assets.
Ex was supposed to remove my name from the mortgage of his property in I was to do the same in case of my property.
I did remove his name from my mortgage by getting a new mortgage but he never bothered. In the last couple of yrs he has stopped paying his mortgage instalments and the property is undergoing repossession.
Since he hasn’t removed my name I am getting taken to court too.
I’m concerned about whether they could hold me liable to pay for any shortfall in the amounts due once they repossess his property?
What would be the best course of action for me to take?
Any recommendations for cost effective legal help please?
This man has sucked so much out of me with his abuse over so many decades.
I just need support and advice. Thanks in advance.
arumom

OP posts:
Original poster
Aruamom · 30/07/2022 16:52

Another thing we got a consent order but didn’t get an implementation order after. So there is no date on when we needed to complete the process by.

OP posts:
yougotthelook · 30/07/2022 16:53

Aruamom · 30/07/2022 16:37

My ex and I divorced 12 yrs ago and financial matters were formalised through a consent order in 2010, we have no kids together, just had joint assets.
Ex was supposed to remove my name from the mortgage of his property in I was to do the same in case of my property.
I did remove his name from my mortgage by getting a new mortgage but he never bothered. In the last couple of yrs he has stopped paying his mortgage instalments and the property is undergoing repossession.
Since he hasn’t removed my name I am getting taken to court too.
I’m concerned about whether they could hold me liable to pay for any shortfall in the amounts due once they repossess his property?
What would be the best course of action for me to take?
Any recommendations for cost effective legal help please?
This man has sucked so much out of me with his abuse over so many decades.
I just need support and advice. Thanks in advance.
arumom

I think you should get yourself to CAB as soon as possible as I'm pretty sure you are liable!
What a dick not taking you off!

Original poster
Aruamom · 30/07/2022 16:55

Oh damn. Thanks for the advice. I think the order is imminent so I need a solicitor I think.

OP posts:
Quitelikeit · 30/07/2022 16:57

sadly your credit record will be significantly impaired.

if you still pay a mortgage then you will have trouble getting a remortgage or any other type of credit

seek legal advice ASAP

if there is equity in the property which I’m assuming there is since it’s been years. The bank will take what is owed to them.

however I wonder if he has been borrowing against the house? If he has took money out he may have forged your signature to get the loan in the first place

how much is it worth?

yougotthelook · 30/07/2022 16:59

Aruamom · 30/07/2022 16:55

Oh damn. Thanks for the advice. I think the order is imminent so I need a solicitor I think.

Yes if you can afford it get a solicitor
My ex and I had a joint bank account and when we split up my solicitor said to close it immediately as I would be legally liable for any overdraft charges etc on it so I would think the same applies to a house!

MooseBeTimeForSnow · 30/07/2022 17:28

You are both jointly and severally liable. If he’s not paying then the lender will look to you.

Alloftheusernamesaretakenn · 30/07/2022 17:56

This happened to my late FIL with his ex-wife. I’m afraid to say that his property was repossessed as well as hers as there was a shortfall when her repossessed property was sold by the bank (good old days of 110% mortgages, pre the 2008 crash).

You really really need a solicitor and you also need to check your credit file with the 3 main agencies in case he’s been taking out joint loans in your name. You can do this for free with:
Credit Karma (who report Transunion data)
Money Saving Expert Credit Club (Experian data)
Clear Score (Equifax data)

Spanielsarepainless · 30/07/2022 18:26

This will adversely affect your credit rating. A close relation had something similar and it was at least seven years before they could get any sort of loan.

Original poster
Aruamom · 30/07/2022 19:30

I don’t mind about my credit really. But I’m concerned as there isn’t enough equity as he never tried to make sure it was paid on time. I’ve a lot of equity in my property and I’m afraid they will come after it. Can anyone suggest a pragmatic lawyer that won’t be too expensive?

OP posts:
Original poster
Aruamom · 30/07/2022 19:31

I am really worried about my place being repossessed.

OP posts:
Original poster
Aruamom · 30/07/2022 20:56

He hasn’t taken any joint loans I don’t think. He generally has avoided all responsibility throughout and buried his head in the sand.

OP posts:
Original poster
Aruamom · 31/07/2022 00:18

He was self centred and neglectful all through our marriage and I had a big breakdown at the end. Then had to drag him through court. Now I need to deal with this! How I wish I didn’t have anything to do with him.

OP posts:
Original poster
Aruamom · 31/07/2022 00:19

I am so disappointed to hear this

OP posts:
Original poster
Aruamom · 31/07/2022 00:20

Any recommendations for reasonable solicitors or paralegals who can advice me please?

OP posts:
Original poster
Aruamom · 31/07/2022 01:26

Just checked my credit report and there is a ccj registered against my name for some of his debts. Damn

OP posts:
prh47bridge · 31/07/2022 10:06

If you were not aware that someone was applying for a CCJ against you, you may be able to get it set aside.

Original poster
Aruamom · 31/07/2022 10:40

I see. I need to apply again to the courts re the ccj? Can I use the consent order to get it fully transferred to him?

OP posts:
iRun2eatCake · 10/08/2022 13:21

I thought that the idea of Consent Order's was so you were financially split...and the Order stated that you must be removed.

Therefore surely, from the date the Consent Order was finalised neither if you should have been liable for each other's property?

Original poster
Aruamom · 10/08/2022 14:54

iRun2eatCake · 10/08/2022 13:21

I thought that the idea of Consent Order's was so you were financially split...and the Order stated that you must be removed.

Therefore surely, from the date the Consent Order was finalised neither if you should have been liable for each other's property?

This was my understanding too. But since he hasn’t removed me from the mortgage or title as per his obligations, I still get caught up in this mess

OP posts:
prh47bridge · 10/08/2022 19:35

A consent order is not binding on the mortgage lender. It can therefore only require your ex to make his best efforts to remove you from the mortgage. If they won't let him take your name off the mortgage and he can't get a big enough mortgage from an alternative lender, he can't get you taken off the mortgage.

Original poster
Aruamom · 10/08/2022 21:14

prh47bridge · 10/08/2022 19:35

A consent order is not binding on the mortgage lender. It can therefore only require your ex to make his best efforts to remove you from the mortgage. If they won't let him take your name off the mortgage and he can't get a big enough mortgage from an alternative lender, he can't get you taken off the mortgage.

Yes I get that. But does that mean they can come after me if there is a shortfall when the property is repossessed?

OP posts:
MadeForThis · 10/08/2022 21:28

If your name is still on the mortgage then you are liable for the debt.

prh47bridge · 10/08/2022 21:37

Aruamom · 10/08/2022 21:14

Yes I get that. But does that mean they can come after me if there is a shortfall when the property is repossessed?

Show quote history

I'm afraid so. You need to get proper legal advice ASAP.

New posts on this thread. Refresh page