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Hi @angiecm, This is a very stressful situation, and it's understandable that you're concerned. Here are a few options and the potential consequences, based on the information you've provided Your Liability & Credit Rating Joint Mortgage Liability: Because your name remains on the mortgage, you are jointly and severally liable for the debt. This means the lender can pursue either or both of you for the full amount owed. Credit Blacklisting: Yes, the missed mortgage payments and the impending court action will likely have a severe negative impact on your credit score. This will make it difficult to obtain credit in the future. Court Action: The lender is taking legal action, and you will be named in the proceedings. Ignoring this will not make it go away. Your Options Contact the Lender Immediately: This is your top priority. Explain your situation and request information about the outstanding debt and the legal proceedings. You need to be proactive and understand the exact status of the mortgage. Seek Legal Advice: You need a solicitor specializing in property and family law as soon as possible. They can advise you on your rights and options, including: Forcing a Sale: You may be able to apply to the court for an order for sale, even if your ex-husband disagrees. A solicitor can guide you through this process. Speed is essential here. Negotiating with the Lender: Your solicitor may be able to negotiate a payment plan or other arrangement with the lender to mitigate the damage to your credit rating and potentially avoid further legal action. Divorce Order Enforcement: If your divorce order clearly states that he was to remove your name from the mortgage, your solicitor can advise you on how to enforce that order. Mediation: If possible, try to engage in mediation with your ex-husband. This could help you reach an agreement on how to resolve the situation, such as agreeing to a quick sale. Document Everything: Keep detailed records of all communication with your ex-husband, the lender, and your solicitor. Bailiffs & Your Current Assets Bailiffs & Joint Liability: If a judgment is obtained against you, bailiffs could be instructed to recover the debt. Goods in Your Current Home: Proving Ownership: Bailiffs can only seize goods that belong to the debtor(s). You will need to provide proof of ownership for your belongings. Keep receipts, bank statements, and any other relevant documents. Jointly Owned Items: Proving ownership of items within a marital home can be very difficult. Bailiffs often assume that goods in a property are jointly owned. Your Separate Assets: It is very important that you can prove that items belong to you and not your ex. Financed Car: Finance Agreement: If the car is on finance in your name, it is likely that the finance company retains ownership until the loan is paid off. Bailiffs cannot seize goods that do not belong to the debtor. Vulnerability: However, even if they cannot take it, the stress of bailiffs visiting your home and questioning your possessions is very real. Your Remarriage: Your current spouse's assets are generally protected, but proving what belongs to whom can be a challenge. This situation is complex so it's essential to get professional legal advice tailored to your specific circumstances.

As part of my divorce my ex was supposed to remove me from the mortgage. This didnt happen and I didnt push it as I knew he would have to sell the house and my (adult) children still lived there. This was in 2016. I have recently found out (because I was refused a SIM card) that he has stopped paying the mortgage and is being taken to court - I knew nothing of this. What are my options please? I have tried to contact my Ex but he ignored me. I am assuming that because my name is still on the mortgage I will be blacklisted. Can I force a quick sale to prevent court action even if he disagrees? I am remarried and we have a house, car etc - if bailiffs come to our home can they remove goods, how will they define what is mine? Our car is on finance but in my name - can they take that? Sorry for all the questions but I dont know what to do. Thanks for your time.

Hi @Jjf, That sounds incredibly frustrating, you're in a difficult situation and it's understandable that you're seeking clarity. Here are some potential actions you can take; The order strongly suggests that both parties are intended to contribute to the cost of repairs, otherwise, there would be no logical reason to obtain 3 quotes. The purpose of obtaining multiple quotes is to ensure a fair price for work that both parties are expected to pay for. It is very common for structural repairs to be split equally between co-owners. While the financial order implies shared responsibility, the lack of explicit wording makes it difficult to definitively say your ex is in clear breach. However, his refusal to contribute, despite the previous agreement and the documented need for repairs, is likely to be viewed unfavourably by a court. The fact that the work was agreed to be done prior to the divorce, but was delayed due to the pandemic, strengthens your case. It's important for you to document everything, keep meticulous records of all communication with your ex, including emails, letters, and any verbal agreements. Retain copies of the original quotes, any new quotes you obtain, and any receipts for work you pay for. Take photographs and videos of the deteriorating condition of the gutters and rendering. Consider sending a formal "letter before action" through a solicitor. This letter would clearly state your position, reference the financial order, and demand that your ex contribute his share of the repair costs. This formal letter may bring him to the table, and avoid court. You could apply to the court for a variation of the financial order or for enforcement of the existing order, however this would require legal representation, which can be expensive. If you choose to wait until the end of the mesher order, you can then present all your evidence to the court when the property is sold, and request a larger share of the equity to reflect the costs you incurred. In summary, while the financial order is somewhat ambiguous, you have a strong argument that your ex should contribute to the necessary repairs. Document everything, seek legal advice, and consider mediation before taking further action. It's strongly recommended that you consult with a family law solicitor - they can provide tailored advice based on your specific circumstances. Peter

Hi, My ex and I are divorced and have a mesher order for me to live in the house for the next 5 years with the children. Our financial order states “for house repairs, three quotes are to be obtained”. It does not state who pays for the repairs but I assume this means we pay equally for structural repairs to the house as we are both co-owners. Five years ago my now ex deemed it necessary to repair the gutters, soffits and rendering of our house and we had quotes and had agreed for the work to be carried out. We never had the work done due to lockdown and then our divorce. The work still needs doing and the cracks in the rendering and condition of the gutters is deteriorating. I have emailed the original quote to my ex and told him this work does still need doing and he is refusing to pay anything towards it and states it is not his problem and he has his own house to maintain. (A house he has recently bought so not a rental where he wouldn’t profit from any maintenance). Am I right in thinking the court order implies it is both our responsibility, otherwise why the need to obtain 3 quotes and is he in breach if he refuses to pay half? I assume all I could do in that case is document all the costs I have paid (I am on benefits and cannot afford to pay the full cost of repairs currently, he earns a substantial wage) and present this to court in 5 years time and ask for a bigger share of the equity? many thanks for any advice/info.

Hi @pg101, This sounds like a really tough situation. It's understandable that you're struggling with your emotions even though you understand the divorce is happening. Your wife's behaviour, while likely unintentional, is making it even harder for you to process things. What are your longer term plans, are you both planning to sell the house or will one of you remain in the house and the other move out ? It's very difficult to move on whilst you're both still living together. It's good that you are still being friendly with each other, hopefully the atmosphere is ok for your daughter.

My wife is divorcing me after 21 years of marriage. We have had close shaves several times in the past, and we are finally divorcing. I didn't want to get divorced. We're still living together with our 16-year-old daughter, while we work through our finances. I'm experiencing the usual feelings of rejection and struggle to see how I can move on to acceptance while we're together in the home. My wife however appears to have moved on to acceptance as she divorced me. We're still fond of one another and we still do things and say things as though we're still together. She calls me darling; she wears clothing that she wouldn't wear in front of another man. for her, I guess, that's ok because she has moved on, but for me it's a constant and head bending reminder of what I'm hanging on to emotionally even though my head accepts the divorce is happening. What to do?