(I've also posted this in legal matters, as wasn't sure where was most appropriate)
Could anyone please help? I’m seeking advice for my friend. Her husband left her 18 months ago and they are now divorced. As part of the settlement he is required to pay the mortgage for the family home that she still lives in with their DS until the house is sold, at which point he has to pay her a capital sum (I believe this is in lieu of spousal maintenance). The house is up for sale but two sales have fallen through and there is no sign of a buyer at the moment.
He is now failing to pay the mortgage, and he is also not making the repayments on a loan that was taken out in both of their names (that he is now solely liable for under the court order). He earns very well so could afford to make these payments but chooses to spend his money on other things (eg recent foreign holiday and engagement ring for his new fiancé). Common sense would say that there must be some way of forcing him to make the payments, but the debt collection team from the bank have been chasing my friend, and when she spoke to them yesterday she’s found that the house is at risk of repossession (which she thought may be the case) and that defaulting on the loan/mortgage could ruin her credit rating, even though she isn’t the person who’s supposed to be paying them.
He has told her recently that he may declare himself bankrupt and ‘it’ll hurt her more than it’ll hurt him’. My understanding of this area is limited, but I think that going bankrupt could possibly get him off the hook for paying her the capital sum that he’s due to pay under the terms of the court order.
They had a low offer on the hose which would have left them with little or no profit after repaying the mortgage, so he rejected the offer as he would have had to find the money from elsewhere to pay the capital sum he owes her. Is there any way she can force him to accept the low offer, in order to proceed with the house sale rather than end up with it being repossessed?
It’s all such a mess and my friend has been through so much already (he left her and their 3yo DS unexpectedly for another woman, and has behaved like a complete arsehole ever since). She has of course contacted her solicitor about all this but is waiting for a reply, and I’m not sure how effective her solicitor has been so far. I just wondered whether anyone with legal understanding or who has been in a similar position might be able to help.
Many thanks in advance.