Stuck in a joint mortgage

[GL1943]

Hi there,

I joint own a property with my ex husband, there is a court order that states he pay me the mortgage money and half the profit which he has not upheld and he is not paying the mortgage. He has CCJS in his name against the house and the house is in negative equity. If he were to go bankrupt what would happen about the CCJS?

I have tried to take over the mortgage but a barrister advised me not to due the CCJS, he can not take me off the mortgage due to his debts. Is there any way out for me.
I know I can take him back to court but due to fear of the consequences of this and how my children may react I do not want to.

[enquirer]

Re: Stuck in a joint mortgage

I have tried to take over the mortgage but a barrister advised me not to due the CCJS, he can not take me off the mortgage due to his debts.

Why would his CCJ's affect you taking over the mortgage? It's your credit rating that matters here, not his.

[wales01man]

Re: Stuck in a joint mortgage

Is there a charge on the house? If there are to remortgage in one name surely the creditor gets paid before the OH name comes of the deeds?

[MissFM]

Re: Stuck in a joint mortgage

Hi there,

I joint own a property with my ex husband, there is a court order that states he pay me the mortgage money and half the profit which he has not upheld and he is not paying the mortgage. He has CCJS in his name against the house and the house is in negative equity. If he were to go bankrupt what would happen about the CCJS?

I have tried to take over the mortgage but a barrister advised me not to due the CCJS, he can not take me off the mortgage due to his debts. Is there any way out for me.
I know I can take him back to court but due to fear of the consequences of this and how my children may react I do not want to.

Please would you explain what you mean by "half the profit"?:tinysmile_hmm_t2:

[GL1943]

Re: Stuck in a joint mortgage

Why would his CCJ's affect you taking over the mortgage? It's your credit rating that matters here, not his.

As he has them set against the house, they are in his name but if I took over the property the barrister said I would take over these debts.

[GL1943]

Re: Stuck in a joint mortgage

His CCJs are against the house in his name, at the moment I am only liable for half the negative equity on the property, but again if he does not pay this I am told that I will be liable for the full amount, but not the ccjs

[GL1943]

Re: Stuck in a joint mortgage

Sorry the house is rented which he collects all the rent, which he had for two years in full before the court ordered him to pay me half, and once again he has not kept to the order, that's why I want to know what would happen if he were to go bankrupt whether the ccjs would remain against the house as his name would have to be removed surely?

[GL1943]

Re: Stuck in a joint mortgage

Thank you for your reply. This means a lot to me as this is an on-going problem and still a form of control which I just want released from with the best option, as I have a perfect credit rating outside of this mortgage.
I could maintain the repayments and it is rented so the rent more than covers the mortgage. He has collected the rent but still has not paid the mortgage.
I just want to know if he were to declare himself bankrupt what would happen with the CCJs, even though they are in his name they are against the house. Which they would be against half the property as it is joint, If I were to take over from his bankruptcy would the ccjs still remain against the house as the house is in negative equity, or would they still remain against half the property?

[Nibbler]

Re: Stuck in a joint mortgage

If he were to go bankrupt what would happen about the CCJS?

He would no longer have to pay the CCJs himself, but if there is any charging order on the property then that would remain.

[labman]

Re: Stuck in a joint mortgage

I am wondering if this article might be of interest:

http://www.moneywise.co.uk/cards-loa...ome-bankruptcy

You can also contact these people - it's a government organisation - free of charge. They should be able to answer your queries:

http://www.bis.gov.uk/insolvency

Here's just one little bit of the site:

Contact The Insolvency Service

The Insolvency Service enquiry lines provide initial information on insolvency and redundancy legislation and procedures, including details of the work of the official receivers and redundancy payments offices. You may be able to find the answer you require on line or find enough information to make any subsequent enquiry more specific. The 'Personal' area of this site contains general information covering most topics commonly encountered by the IEL. This information can be accessed by clicking here.
You can fill out and submit an online form by clicking here. Alternatively you can telephone the enquiry lines detailed below.
Insolvency on 0845 602 9848
8am - 5pm
- See more at: http://www.bis.gov.uk/insolvency/con....9ekQpbot.dpuf


Hope this helps.

[GL1943]

Re: Stuck in a joint mortgage

I am wondering if this article might be of interest:

http://www.moneywise.co.uk/cards-loa...ome-bankruptcy

You can also contact these people - it's a government organisation - free of charge. They should be able to answer your queries:

http://www.bis.gov.uk/insolvency

Here's just one little bit of the site:

Contact The Insolvency Service

The Insolvency Service enquiry lines provide initial information on insolvency and redundancy legislation and procedures, including details of the work of the official receivers and redundancy payments offices. You may be able to find the answer you require on line or find enough information to make any subsequent enquiry more specific. The 'Personal' area of this site contains general information covering most topics commonly encountered by the IEL. This information can be accessed by clicking here.
You can fill out and submit an online form by clicking here. Alternatively you can telephone the enquiry lines detailed below.
Insolvency on 0845 602 9848
8am - 5pm
- See more at: http://www.bis.gov.uk/insolvency/con....9ekQpbot.dpuf


Hope this helps.

Thank you hopefully I will get this sorted once and for all.