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mullycat

Possession order on my home – Spouses (MY) rights

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My husband has a possession hearing on our home,

 

He gave HSBC a director’s guarantee on his business that failed.

 

He bought the house with a normal mortgage 4 years before we got married, and started his business 5 years after we were married

 

Our home and mortgage and his directors guarantee is only registered in his name. He extended the mortgage to provide funds for his business and gave the guarantee.

 

Do I have any rights? and what should I do,

We are still married (just!) and have school age children also

Please advise me

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Hi, let's get the important stuff out of the way first before we go on to anything else.

 

Is it the mortgage that is in arrears?

Has he responded to the court claim yet?

How many months arrears are there?

Is he able to make monthly payments + something towards the arrears gong forward ?


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Hi, The possession hearing is from the bank recovering funds from his director’s guarantee.

 

Which is debt that was owed to them when his business stopped trading

This was around 40k and he has offered to and able to make payments of around £400 pm, apparently may be more but I understand they have said they want it paid in two years or less as the is equity in our home.

The actual mortgages from the house purchase and extra funds are stable, there are some arrears but these are being paid on a monthly agreement.

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Has he received a claim for possession from the court yet?

If so, has he responded to the claim ?


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Yes he has received this but has not responded yet.

He is planning on going to the court hearing

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Hi, what proposal for payment is he thinking of offering? We can help you with the defence statement for court


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He is still looking to pay around £400pm, but this may need to be increased - I think he is hoping the Judge will make an order to this effect

his current business is growing so he believes he will have much more funds available in 6 months plus.

 

a defence statement sounds like it would be useful

what are my rights

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Is the mortgage you have in joint names? (I know it's the bank who are taking your OH to court but need to know what is jointly owned).

 

How old are the children ?


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He bought the house with a normal mortgage 4 years before we got married, and started his business 5 years after we were married

 

Our home and mortgage and his directors guarantee is only registered in his name. He extended the mortgage to provide funds for his business and gave the guarantee.

 

Our children are 9 and 14

Nothing is in my name at present

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What date is the possession hearing scheduled for ?


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This week I believe

I would like feed today if you have it

 

Many thanks for your any advice

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It would be helpful if I knew the exact date.........


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My husband is out of the country today so I can't contact him

He has meetings regarding his failed company tomorrow and the following day - so it may be tomorrow

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Are you able to contact him on his mobile ? if the hearing is tomorrow it's a bit late for me to get a defence together as I'm at work all day and then have a meeting this evening.


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well it's even too late to take a short statement along to the court for tomorrow's hearing as they close at 4pm. Does he have a solicitor handling this/going to the court with him? I can't believe a businessman would go to a repossession hearing without at least sending in a defence ?


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He has some advice and apparently can drop papers in before they open tomorrow which he is going to do.

The court have said they will get them put with the case notes

 

He is back around 21:00 tonight

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I tried to do some goggle research -

The only things I can find relate to Matrimonial home rights or Beneficial Interest

 

do you know if these are relevant?

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