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Abusive ex dragging me into repossession

5 replies

Jironzy · 08/09/2024 17:40

-Help- I jointly own a property with my un married ex the property has always been unaffordable by myself so when separating selling up was the only way. I have a child living with me not my exs. He was arrested and charged and due on trial in crown court for coercive behaviour 3 Common assault and non fatal strangulation. I have a non mol in place and an occupation order. I also got a financial order in place even though not married he is solely responsible to pay the mortgage and £250 towards the bills till the house sells.
He would only agree to sell the house at 100k under asking price with webuyanyhouse as this limits my equity this has always been something he's made clear he wants me to not benefit from the house.
I agreed to this to quicken the process for my mental health after he failed to obey the financial order and repossession was getting close.
I was due to complete the sale 2 weeks ago and moved out into a rental only for my ex to refuse to sell! He is clearly saying to all that the house can be repossessed instead!
It's been a year of no mortgage payments they have filed to the courts to gain possession and the costs are ranking up for the legalities in my name too.
He won't do a key surrender, pay up or sell he is blatantly saying repossession as a weapon to destroy my future.
I have notified the police and they claim this is a civil matter.
I am unemployed signed off with stress and already spent 10 grand on solicitors so far I can't afford anymore legal help.
I believe a TOLATA is what I now need? Can I sue my ex for purposely putting me in this situation and depriving me of equity? Can anybody help me and guide me on what I can do next PLEASE XX

OP posts:
CircleofWillis · 08/09/2024 22:26

Bump! This is horrific. I have no advice to give but wanted to bump this thread

AgreeableDragon · 08/09/2024 22:31

I also can't give any advice. Hopefully someone will be along soon who can offer something other than sympathy OP.

Homewoes22 · 09/09/2024 07:45

Can you not go back to court to enforce the financial order for him to pay? Sorry you going through this

Jironzy · 09/09/2024 08:42

How do I bump a post? I've been googling TOLATA as I thought I'd apply to the courts myself and represent myself but I can not find what the firms are for a Tolata? What forms would I need to go back to court to enforce the financial order too? (I've not googled this yet) He is thousands in debt with bailiffs chasing him for child maintanence he is a limited company and its mainly cash business and he pays himself in dividends the bailiffs have failed for years to get a penny off him so I'd imagine this would be the same for myself too!
All the bills in the property are in my name and I now have a rental too so I'm drowning even further with 2 properties I just need this over ASAP regardless of equity

OP posts:
Bumblebee47 · 11/09/2024 20:44

Make sure you contact your lender immediately and ensure that they are aware (in writing/formally) that you are a vulnerable customer/evidence of abuse and financial abuse. They have a duty to consider this if FCA regulated. Do this as well with all your bills/see if they can give you a payment plan/break given you are vulnerable.

Also, contact the Court who made your financial order as to how you enforce it. It is usually an easy process/debt action and they should help you with which form and small fee.

Contact a law firm that deals with family matters and property / most offer first appointment free to work through the process for TLATA. This appears to summarise it if still good law:
https://watsonmorrisfamilylaw.co.uk/wp-content/uploads/2022/10/Guide-to-making-an-application-under-TOLATA-1996.pdf

https://watsonmorrisfamilylaw.co.uk/wp-content/uploads/2022/10/Guide-to-making-an-application-under-TOLATA-1996.pdf

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