Ex has stopped paying mortgage and its gong to court

[angiecm]

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.          

[Peter B]

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.