Where do I stand: Home rights Family Law Act ....

[Farmer Jones]

Hi

I am divorced and have a Decree Nisi (July 2017) although no Decree Absolut.

There is no settlement agreement.

I moved out the FMH in Jan 2017. My former wife lives in the FMH and I pay the mortgage (as best I can). My former wife has recorded this against the land registry records:

05.04.2017) Notice of home rights under the Family Law Act 1996 in
favour of Former Wife care of Former Wifes Solicitors the spouse or civil partner of ME.

The property is in my sole name.

The property was put on the market in July 2017 with around £300K in equity

My former wife is refusing to settle or agree a settlement,and I cannot afford the mortgage repayments (I have had the lenders solicitors on the phone threatening repossession) in the mean time she lives in the property with our 12 year old son.

I have suggested we sell the property and lodge the equity with an independent solicitor until we can settle the divorce (so the house does not get repossessed and we get the majority of equity) . She has disagreed & refuses to communicate.

I don't want to make my son & his mother homeless but I am getting to the point where I simply cannot afford to pay the mortgage.

I have tried explaining all of this to my former wife, but to no avail.

What can I do, where do I stand ?

FJ

[Setmefree3]

https://www.gov.uk/stay-in-home-duri...ion-or-divorce read this, Hope it helps.

[jaguarsuk]

Hi

I am divorced and have a Decree Nisi (July 2017) although no Decree Absolut.

There is no settlement agreement.

I moved out the FMH in Jan 2017. My former wife lives in the FMH and I pay the mortgage (as best I can). My former wife has recorded this against the land registry records:

05.04.2017) Notice of home rights under the Family Law Act 1996 in
favour of Former Wife care of Former Wifes Solicitors the spouse or civil partner of ME.

The property is in my sole name.

The property was put on the market in July 2017 with around £300K in equity

My former wife is refusing to settle or agree a settlement,and I cannot afford the mortgage repayments (I have had the lenders solicitors on the phone threatening repossession) in the mean time she lives in the property with our 12 year old son.

I have suggested we sell the property and lodge the equity with an independent solicitor until we can settle the divorce (so the house does not get repossessed and we get the majority of equity) . She has disagreed & refuses to communicate.

I don't want to make my son & his mother homeless but I am getting to the point where I simply cannot afford to pay the mortgage.

I have tried explaining all of this to my former wife, but to no avail.

What can I do, where do I stand ?

FJ

If you have offered up the options and your wife refuses them all she's leaving you little option than to take possession via the court in order to the sell the property.

What is her reasoning for not wanting to sell and lodge the equity considering I assume you have told her you are unable to pay the mortgage and the lender is talking repossession proceedings?

[Setmefree3]

Agree with Jaguarsuk on this. Was your ex given a continuation by the courts to stay in the property?

[Farmer Jones]

No, no Continuation Order

Writing a very clear & email

[Farmer Jones]

Current situation:

I have come to an arrangement with the Building Society's solicitors that I continue to pay the mortgage & £50 per month towards the arrears for a period of 6 months, after which they will review the situation. The mortgage is nearly 50% of my current take home pay, and is just about sustainable.

I have taken the house off the market for a period of one month whilst I carry out some minor improvements to the property, and then place back on the market with a different agent & slightly lower price.

I have today written to my wife informing her that I have no option but to sell the property. As I have written previously, my former wife has Home Rights under a Family Law act. She is refusing to come to a settlement or communicate.

I need to sell the property and now need advice as to how I go about obtaining possession & selling the property. I am prepared to negotiate & settle, and am happy for a independent solicitor to undertake the conveyance & hold the equity as to such times as we settle. I cannot afford a solicitor and am having to undertake the legal work myself. Please advise.

[jaguarsuk]

Current situation:

I have come to an arrangement with the Building Society's solicitors that I continue to pay the mortgage & £50 per month towards the arrears for a period of 6 months, after which they will review the situation. The mortgage is nearly 50% of my current take home pay, and is just about sustainable.

I have taken the house off the market for a period of one month whilst I carry out some minor improvements to the property, and then place back on the market with a different agent & slightly lower price.

I have today written to my wife informing her that I have no option but to sell the property. As I have written previously, my former wife has Home Rights under a Family Law act. She is refusing to come to a settlement or communicate.

I need to sell the property and now need advice as to how I go about obtaining possession & selling the property. I am prepared to negotiate & settle, and am happy for a independent solicitor to undertake the conveyance & hold the equity as to such times as we settle. I cannot afford a solicitor and am having to undertake the legal work myself. Please advise.

I think in writing to her you need to explain that she either needs to leave or start paying you rent at the amount of the cost of the mortgage as you can't afford to pay the mortgage. If she does want to enter into a rental agreement then she can stay no problem, but if she doesn't then she needs to leave or the house is going to be repossessed eventually which would mean she'll get zero.

Perhaps spelling it out that way might make her think like an adult and do something productive in the situation.

[Farmer Jones]

So far no response and I am now thinking next steps.

The house is being re-marketed with a different agent.
I have told my former wife of my intentions to re-market & sell, and didn't receive a reply.
Whilst I currently do not have a buyer, and she isn't prepared to contribute to the mortgage, is there anything I could be doing or need to be doing now in preparation ?

Thanks

[Amethyst]

Have you dicussed the possibility of mediation to reach a financial settlement ? At the moment it doesn't sound like she knows where she will stand if the house is sold so is unable to make any plans, and it seems easier to her, to stay put and make things difficult, without realising the property may well end up being reposessed and sold for a much lower amount, wiping out any equity and leaving her, pretty much, homeless. I think if you can get mediation set up to discuss a way forward from the impasse you are currently stuck at it will enable you both to move forwards.

Is the lack of any financial arrangement/settlement the reason why the Decree Absolut hasn't been obtained?

[Farmer Jones]

Hi Amethyst

Thanks for the idea. We tried mediation early on in the divorce, and she stormed out. Perhaps we could try it again..? How do I arrange that ?

Decree Absolut, yes that's why I didn't apply.

[Amethyst]

Have you actually discussed with her what would happen when the property is sold, what would happen to any equity and so on? It sounds like your ex wife has a solicitor already ( from the land registry entry ) so it would be simplest I'd guess for her to arrange it - otherwise have a read through the CAB info on mediation https://www.citizensadvice.org.uk/fa...-you-separate/ or look at making an application to the courts - you really need to get yourself an appointment with a family lawyer to figure out your options and whether you're best getting the decree absolut sorted first or after you've sorted financial arrangements, a couple solicitors letters with your intentions spelt out might spur her into action. On the 'home rights' she has applied to the LR, they only have effect until the divorce/financial arrangements is finalised.

[Farmer Jones]

I have engaged a mediator and had the MIAM with the mediator. He has written to my former wife proposing mediation regarding financial settlement.
This is the second attempt at this, and as she stormed out last time, I don't hold up much hope.


What do I need to do to start the ball rolling ? Whats the process as I will be a LIP.

Thanks

[Peridot]

Hi Farmer Jones,
Good you're trying to get the ball rolling with the mediation, it looks to the Court like you are trying to deal with matters sensibly. If she walks out again then so be it you'll end up with a certificate confirming the same.
I would suggest you get a free half hour or reduced fee appointment with a family law specialist, to discuss your options as far as any financial settlement is concerned.
Once you have things clear in your head about assets available and possible options for settlement and bearing in mind your ex's reluctance to engage in the process it may be necessary to make the application to the Court to deal with the finances of the marriage.
It will be necessary to apply to the Court using Form A. This link may help you:- https://www.gov.uk/money-property-wh...inancial-order
The starting point for any division of the assets is 50/50 although many other factors then come into play such as the length of the marriage, any children of the family, where children are living and the needs and abilities to earn of the parties, amongst others.
You will both be expected to provide information relating to all your assets and ideally this should be done before any application is made. By attending mediation you are demonstrating your willingness to try and you wouldn't be blamed if through your ex's refusal to engage in the process you had to apply for the financial settlement to be dealt with by the Court.
Have you let the mortgage company know you are in divorce proceedings? They can be reasonable where they can see that you are trying to deal with the financial aspects of the divorce, but do need to be kept in the loop.
See what the reaction to mediation is and also get yourself a free/reduced fee appointment. Make a list of all your assets (and your ex's if you know them) so that you don't waste your appointment time but can discuss possible options to settle your finances. It sounds like a clean break may not be an option as there may be insufficient funds to house both of you (depending on both your work capabilities), so take notes of what the lawyer suggests may be an option.
If the worst comes to the worst then the Court will make the decision although they would prefer parties engage with the process and try and reach agreement themselves that they can then approve. It is never easy particularly when there are children involved, but you will get there.

[Farmer Jones]

I have attempted mediation (which failed due to my former wife making it very clear that she will not attend mediation in any way) I understand that I need to complete Form A: Notice of [intention to proceed with] an application for a financial order.

(The mediator is completing Section 4 of the form).

I have downloaded Form A : is that the correct form to fill in ?

I want to get the financial aspects of this divorce sorted out as quickly as I can.

Thanks for all you help so far.

[Peridot]

Hi Farmer Jones,
Go to this link scroll down to How to Apply section. Click on the Apply for a Financial Order and takes you to ypthe correct Form A so you can check you’ve got the same one.
https://www.gov.uk/money-property-wh...inancial-order