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  1. #1
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    Default Help

    Hi I'm at the end of my tether! I have had a restraint order slapped on my home. Through proceeds of crime act. It's my ex husband who has been prosecuted but he walked out 8years ago and I have payed for the house since. I feel he shud not be entitled to anything and I need this restraint order lifted immediately. It's caused me so much stress I crashed my car yesterday. I have no spare money and solicitorshe are telling me they don't do legal aid and they I wouldn't get it as I'm not the defendent. Please help i dont want to lose mine my current husband and children's home.

  2. #2
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    Default Re: Help

    tagging @Diana M (hopefully she'll be able to help) xx
    Debt is like any other trap, easy enough to get into, but hard enough to get out of.

    It doesn't matter where your journey begins, so long as you begin it...

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  3. #3
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    Default Re: Help

    Can anyone help my friend with this?

  4. #4
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    Default Re: Help

    Quote Originally Posted by Cezza123 View Post
    I have had a restraint order slapped on my home. Through proceeds of crime act. It's my ex husband who has been prosecuted but he walked out 8years ago and I have payed for the house since.
    Do you mind me asking a direct question or two?

    Was the property bought with the proceeds of an unrelated crime or was it a mortgage fraud?

    Has there been a Confiscation Order?

    Have you any idea whether the amount to be recovered is less than the equity in the property?

    Who's name is on the deeds of the house - your ex husband or both of you?

    This is not my area but if you and your children occupy the property then there may be a need for possession proceedings which could give you the opportunity to have a voice in all this.

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk . Our initial advice is always free.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  5. #5
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    Default Re: Help

    I'm friend of this person, I'm sure she will be on in a bit. I know the property was not purchased with the proceeds of crime nor was it a mortgage fraud. It was a genuine mortgage.

    The ex-husband has recently committed a crime and the order has been put on the property to stop any sale of said property and the property has come up in his assets. However, the ex hasn't and does not pay the mortgage. His name is still on mortgage but my friend and current husband cannot get him removed due to credit scoring reasons. My friend was paying it up until she got remarried and her husband has been paying it since then.

    There is a confiscation order but the amount has yet to be decided, that's what the hearing is for. It's estimated at 10K which is less than the equity.

  6. #6
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    Default Re: Help

    I look forward to hearing more details from your friend when she feels up to it

    Meanwhile from what you've said there's a Restraint Order on her home as a result of her ex-husband's "crime". Has he been tried and found guilty yet?

    A Restraint Order is normally/often applied on arrest in order to prevent any sale of assets. This is done pre-trial which begs the question of whatever happened to 'innocent until proved guilty' but that's a different argument.

    You say that there is already a Confiscation Order which would normally follow a conviction so your friend needs to confirm the legal status of her ex-husband's situation if she is aware of it.

    Moving on to the Confiscation Order. I think you're saying your friend has a joint mortgage which suggests she is named on the deeds as joint owner at Land Registry (is that the case?).

    If your friend is a joint owner of the property then she is deemed to own the property 50/50 with her ex (unless there was a Tenants in Common agreement which says different) so the CPS (appointed agents) can't touch her share in the property's equity.

    If your friend has been paying the mortgage for the last eight years then her financial interest may have increased (legally speaking) so her 50/50 equity split will have increased.

    Whatever happens your friend and her children are the occupiers of the property so if the CPS want to seize the house they will have to commence possession proceedings. There will be no bailiffs without that!

    I hope this gives your friend some peace of mind until she feels able to join the conversation

    I'm saying all this without having had sight of any paperwork.

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk . Our initial advice is always free.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  7. #7
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    Default Re: Help

    Hi there, ok so this is the story so far. The ex husband has already been to court he got 9 months suspended sentence 150 hours community service and a 5 grand fine.that was I think in July. I I received papers of restraint order in Dec. It says they are in court on 6th Feb. Myself and my husband of 5 years and my 3 children live at the property. We have applied several times to remove his name but due to credit scores the Halifax won't do it. (Ex has been agreeing to this) I've payed mortgage and home loan for 8 years with my new husband. Ex hasn't paid anything. (I found old paper work from the divorce it does say tennants in common). Ex as said he wants 2000 to remove name but recently said he just wants name off. I have wrote a letter to cps and judge asking order to be removed as it is not going to have any affect on my ex whatsoever anyway and I don't feel we should lose our home after he hasn't paid into it for years. There is about 50 grand equity in the house. .I'm not sure how much the prosecuter is trying to take. Ex says 10 grand but his solicitor is trying g to get him off with 1000. But the police told me it was a large sum. Can the judge lift the restraint order?

  8. #8
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    Default Re: Help

    Quote Originally Posted by Cezza123 View Post
    I found old paper work from the divorce it does say tennants in common
    If you own the property as Tenants in Common what is the defined equity split? Which one of you has the greater share?

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk . Our initial advice is always free.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  9. #9
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    Default Re: Help

    Hi.. I've found old divorce papers out there's a notice of severance I had served him with changing from joint tennants to tennants in common in equal shares

  10. #10
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    Default Re: Help

    [QUOTE=Cezza123;700844]Hi.. I've found old divorce papers out there's a notice of severance I had served him with changing from joint tennants to tennants in common in equal shares. But he hasn't paid a penny to it in years nor to the home loan nor to the children

  11. #11
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    Default Re: Help

    :bump:ing for @Diana M xx
    Debt is like any other trap, easy enough to get into, but hard enough to get out of.

    It doesn't matter where your journey begins, so long as you begin it...

    recte agens confido

    ~~~~~

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    I can be emailed if you need my help loading pictures/documents to your thread. My email address is kati@legalbeagles.info
    But please include a link to your thread so I know who you are.

    Specialist advice can be sought via our sister site http://lbcompare.co.uk

  12. #12
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    Default Re: Help

    Thankyou

  13. #13
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    Default Re: Help

    Quote Originally Posted by Cezza123 View Post
    The ex husband has already been to court he got 9 months suspended sentence 150 hours community service and a 5 grand fine.that was I think in July.
    Do you know if your ex husband is appealing the conviction or the sentence as that would delay things?

    And is he likely to be telling you the truth about things because at the moment it seems you only have his version of events.

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk . Our initial advice is always free.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  14. #14
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    Default Re: Help

    Quote Originally Posted by Cezza123 View Post
    I've found old divorce papers out there's a notice of severance I had served him with changing from joint tennants to tennants in common in equal shares. But he hasn't paid a penny to it in years nor to the home loan
    You've mentioned a "home loan" so is there a secured loan on the property as well as the first charge mortgage? If so is it is joint names?

    As I understand it the Notice of Severance changing the ownership of your home to Tenants in Common in equal shares means that you own 50% of any equity in the property so the agent appointed by the CPS can't touch that.

    And since you say you've paid all of the mortgage for some years the amount you've paid should have increased your financial interest (the actual amount of equity which belongs to you) due to your further financial investment.

    Can you calculate roughly how much you have paid in mortgage repayments and is this a repayment or interest only mortgage?

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk . Our initial advice is always free.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  15. #15
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    Default Re: Help

    Hi I've paid about 16thousand, plus 9 thousand off the loan, the loan was in joint names but my now husband recently paid it off and took out a natwest loan with smaller payments less interest and isn't against the house.(wish we hadn't now). Ex husband says he only wanted 2 grand to have his name took off mortgage as he knows he hasn't paid anything nor any main tenance towards the children. It's the police who have put the restraint order. Do u think the judge would lift it? I have wrote a letter explaining i dont think it's fair.

  16. #16
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    Bump

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