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Confiscation Proceedings

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  • Confiscation Proceedings

    Hello,

    My husband and I have been separated and living apart for about 5 years now. We are not divorced, as there hasn't really been a need for it, in my mind. My husband does not live in our house, and he has not made any payments towards the house since shortly after he moved out. Out of the blue, we found out that he had been found guilty of some kind of drug possession charge over a year ago. Now he is being chased by the Crown Court Prosecution for £15,000 (50% of the equity in my house). The house is still in both of our names, as I simply have not been able to raise the money to remortgage solely in my name. I do have texts from my husband which predate his crimes, which show that he does not have any interest in the house. This is the case he has put forward in court, but I do not feel very optimistic.

    This is now the 5th time that I have had a letter from the courts. The first time was a waste of time, as was the second (my husband did not show up). The third time I broke down 10 minutes away, only to find out that the hearing had been cancelled (I was never informed). The fourth time I did not go, as I was not informed of the new date in time. Now the 5/6th time is that in the letter attached. They are holding the hearing over 2 days. Not only is this a massive strain on my mental well being, but it is at least a 4 hour round trip. I have lost a car to these commutes, petrol, and losing money from work.

    I am just wondering if people could advice whether or not I even have to attend? The wording of the letter attached leads me to believe I have the choice.

    Does anyone with any knowledge or experience of these kinds of proceedings, have any advice? Possibly weigh in on my husbands chance of success?

    If the judge does rule that my husband has a £15,000 interest in my home, what happens next? Is there a possibility that I might have to sell to pay for his crimes? Or would it simply be down to him to find the money? I do not want to see him go to jail for not paying, but I don't even know what I would do if it came to it.

    Thank you to anyone who takes the time to reply to this.
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  • #2
    You MUST turn up to court

    I would put the argument that his BENEFICIAL interest in the house is zero, not 50% of the market value if sold on the open market.

    Reason: No purchaser would want to buy 50% of the market value of a house from a stranger.

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