hes stopped paying his half of the mortg.

[honey5]

as it says basically
i received a letter from Lloyds TSB n the 9th april telling me that the mortgage is in arrears :o <~~~~~ wasnt the word for it
we have been legally seperated for almost 4yrs, he did threaten to stop paying his half, but there wasnt alot i could do until he actually had, apart form ring C&G who our mortgage is actually with and request that in the event that he did would they please inform me, the arrears now stand at £1,600.

I live in the house with our 3 children aged 13, 12 and 12
I work part time
He agreed via solicitors to pay his half as he ovbiously has an interest in the property
We have 3:5yrs left on the mortgage until its finished

I rang C&G who asked if i could take over the whole of the payment, to which i answered NO, could i repay the arrears and then they would sort out lower payments NO
They have put a note on file that i am making token payments (my half)

My youngest sons statment of special educational needs came thru and i wondered if I typed it up would someone please take a look and tell me if they think it would be possible to go to court to get an order for the children to stay in their own home?
After reading the childrens act I thought there may be some hope
thanks in advance

honey x

[wino]

Hi Honey
Surely if your ex made the agreement through his solicitors then he has to pay his share.

[honey5]

well he certainly isnt
but hes off to Benidorm for two weeks, states he has a life and is gonna live it :o fool actually put it down on paper tho, so guess thatll have to go to the solicitors too
honey x

[wino]

I would definatly go back to the solicitors. Just make sure you carry on keeping your side of the bargain. It will give you more ammo if necessary if it does end up in court.
I don't know much about the childrens act so can't help there I'm afraid.

[honey5]

thanks wino i have no other means but to take this to court i think

but its actually this part of the chhildrens act that made me wonder if it would be possible to go for an order

Part I Introductory

1 Welfare of the child

(1) When a court determines any question with respect to—
(a) the upbringing of a child; or
(b) the administration of a child’s property or the application of any income arising from it,
the child’s welfare shall be the court’s paramount consideration.
(2) In any proceedings in which any question with respect to the upbringing of a child arises, the court shall have regard to the general principle that any delay in determining the question is likely to prejudice the welfare of the child.
(3) In the circumstances mentioned in subsection (4), a court shall have regard in particular to—
(a) the ascertainable wishes and feelings of the child concerned (considered in the light of his age and understanding);
(b) his physical, emotional and educational needs;
(c) the likely effect on him of any change in his circumstances;
(d) his age, sex, background and any characteristics of his which the court considers relevant;
(e) any harm which he has suffered or is at risk of suffering;
(f) how capable each of his parents, and any other person in relation to whom the court considers the question to be relevant, is of meeting his needs;
(g) the range of powers available to the court under this Act in the proceedings in question.

honey x

[wino]

You might have a case there Honey. Best ask your solicitor though. (You must be on his Christmas card list by now )

[Bona]

Honey
How much equity do you have in the house
Bona xxx

[honey5]

ermmmmmmmmm it was approx £185, 0000 last time we were in court
honey x

[Bona]

Well I would suggest you ask you give him an ulrimatum pay up orsign the house to you ask your mortgage company to remortgage in your name at an amount you can afford get a court order for him to pay up or lose the equity he holds or have the charges extra payments ect deducted from his equity Personally I think you are in a stong position hes the one with the problem He probally thinks that by not paying his half now it wont matter How wrong can he be

[gizmo111]

The thing with making an order Honey, is that the court cant make him pay and can't make the mortgage co not repossess once the arears are at the level they would normally do this. The children act was written and intended more for care proceedings and contact arrangements and the such like, rather than ancillary payments.

What were your terms of seperation/divorce, has he got a meacher order on the property or is it just a voluntary arrangement to pay?

If you only have just over 3 years left then Iam guessing that it is a smallish mortgage left, have you considered remortgaging in your own name and buying him out?

[breeze1996]

If you have that much equity you could get a personal loan and pay off the arrears then put a charge on his half of the house to get you payments back. That way he will always need to pay you before the house can be sold.

[Bona]

I know a court order cant make him pay but i disagree withe the repossessing angle a court can make an order to help honey if they so think ie not torepossess untill the mortgage is complete and then an order for sale conducted by honey regardless of what her x wants

[gizmo111]

Originally Posted by Bona

I know a court order cant make him pay but i disagree withe the repossessing angle a court can make an order to help honey if they so think ie not torepossess untill the mortgage is complete and then an order for sale conducted by honey regardless of what her x wants

I'd be surprise if a court would agree to arrears consistently increasing for the next 3 and half years.

[honey5]

no Giz no order in place at present but apparently a mesher order would give the children the right to stay and he would then have to pay his half by order of the court.
Prior to him stopping paying there were only solicitors letters stating that he would be responsible for his debts mortgage inclusive
honey x

[Bona]

Gizmo
as long as there was equity an that the mortgage and arreas could be paid in full at the end of the mortgage an order could be made it would not be ideal but would delay things in order for honey to sort things with her x

[gizmo111]

What a mesher ordergenerally would do, is apportion a % of the equity to your ex and have a clause that you stay in the house until either the children reach a certain age, or various trigger points, co habiting for 6 months being an example of one of them. The order is then similar to a charge on the property and when one of the trigger points is reached then the house is sold and the equity split in whatever way you have agreed. I haven't heard of a court ordering someone to pay a mortgage via a mesher, although that doen't mean it won't happen, what is much more the norm is that you would make your best endeavours to release him from the mortgage, and a suitable amount of maintenence would be agreed and you would be responsible for paying the mortgage. This gives the person remaining in the property full responsibility and independence from the ex with the only restriction being the mesher charge. What plans have you made for making the eventual split of the equity?