Legal/housing/divorce advice - urgent please!!

[mumto3girls]

Hi

I have a friend ( yes really this is not about me) who's husband has just left.

She is 7 months pg and they also have two other children. He has cleaned out their bank account and she has very little money which will run out soon. She does noty work and hasn't done for a year or so.

Their house is mortgaged to the hilt, there is no equity in it. It was re-mortgaged three months ago.

He has said he will be giving her no money and the mortgage will not be paid.

What would people advise..should she leave the house for him to worry about and get a flat to rent (that way she could get income support and get some of the rent paid) or should she sit tight until the house is repossessed? The house is in joint names btw.

Help - I need to advise her asap.

By the way, the split is complicated and both their faults but noone else is involved.

She should contact the benefits agency, CSA and her mortgage provider. She will be entitled to income support/child tax credit, CSA will help her to get her ex to pay child support although this can take 6 months plus before she sees anything. The benefits agency may be able to help pay interest on her mortgage on the proviso it will be marketed. She should also go to the Council and put her name on the waiting list for a house.

I take it the split has only just happened as he seems to be very harsh on her and the children by leaving them with nothing.

Incidently it could take around 18 months for the house to be repossessed. If it is both of them will be liable for any costs

No advice but my heart goes out to her

Agree she needs to speak to anyone who isn't going to be paid short term - mortgage, council tax, etc. She needs proper legal advice asap. Sounds as if he has planned this to have cleared the account.

If she tried to rent how would she raise a deposit, month in advance etc. Suspect the council(Housing benefit etc) won't get involved until she is under threat of repossession as she'll be deemed to already have a home/asset. Is the mortgage in both names, if so she'll be involved too if it goes to repossession ? He won't get away without paying anything in maintenance for the kids no matter what has happened though.

Thanks for the replies. I think he has said he wants the house on the market by Monday morning - but in a way she feels that she wants to leave now and let him do the cleaning and decorating and showing people round for viewings etc

She knows they'd both be liable for any costs if the house is repossessed but he has a good job at the moment ( but he says he is jacking it in so he doesn't have to give her anything!!) and she doesn't work, so it would be hard to chase her for any money.

Should she sit tight or walk out and let him cope with the selling etc?

tell her to sit tight... less upsetting for the children. it takes minimum of 8 weeks to sell a house, in the meantime she can sort out where she's going to live etc

Okay, I see what you mean - but that means whilst pregnant she will have to be showing people around and doing all the tidying etc whilst she will get nothing out of it and it wasn't her decision to leave...while he sits on his arse and lets her get rid of his debt and starts afresh...

I think she needs a solicitor...

Thanks, please keep the advice coming

Actually i would advise her to get out as soon as possible. When I split with my ex he kept a key and came into the house whenever he wanted, having lunch when I was at work and leaving dishes behind, leaving me letters on my bed that sort of thing....it freaked me so I rented a house within 3 weeks of him going, things with my boys calmed down after we actually got out of the marital home

I can understand why she might want out but it won't absolve her of the problems and could count against her in a settlement. The Estate Agent can do viewings, particularly if she thinks it would be a pain and then she won't have to face the emotional side of selling her home, perhaps against her wishes. If she wants to get as much as possible (which would work in everyones' best interest) quickly then she needs to remain interested. I think she'll get little or no state financial help whilst she owns it.

I hope she hasn't left - unless things have changed in the last year - it is not a good idea to make yourself 'intentionally homeless' if you want LA housing. She needs to see a solicitor asap.