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Nicola-mod
Nicola-mod, Moderator
Category: Family Law
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Experience:  Moderator
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Consent Order in Matrimonial Settlement and mortgage arrears

Customer Question

We have Decree Absolute and, as part of the matrimonial settlement, went through the mediation process. It was agreed that the mortgage arrears would be split 70% to my ex husband and 30% to myself. However, despite the Judge agreeing this on the Consent Order, NRAM are refusing to accept it and say they were never party to any negotiations. I had been under the impression that they were consulted during the mediation, but as I was ill, am not certain. Is there anything that can be done now to split the debt as per the Consent Order and would it be prohibitively expensive? At present it is looking as if I am going to have to pursue an IVA or bankruptcy as the 100% joint and several liability is pushing my debt threshold over the edge. Thank you for your help.

Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question. My name is XXXXX XXXXX I will do my best to help you but I need some further information first.
What has happened to the property itself?
Clare
Customer: replied 3 years ago.
Hi Clare
Thanks. We went through the Mortgage Rescue Scheme. The house was purchased off us by Stockport Council and is now rented back to me.
Expert:  Clare replied 3 years ago.
Hi
What has your ex done about his share of the debt?
Clare
Customer: replied 3 years ago.
He has come to arrangement with NRAM to pay £100 per month (me currently trying to arrange nominal sum of £1 - £120 max per month) They say contractual amount circa £425.
Expert:  Clare replied 3 years ago.
Hi
What income does your ex have?
Clare
Customer: replied 3 years ago.
hi. that should have said £1 - £12 in last answer! I have a large number of bills on the house plus my two sons. My ex is now working in a call centre a.d the last figures I had from him were-Income £1097 month (and appears he has had internal promotion /rise since). Savings/current account £3584. Rent on council bedsit £235 plus £9.79 service charge. Pension £87 plus joint life policy (agreed to take over payments under consent order) £51.75. Council tax 76. Gas/elec 20 each. water 21.84. Food/cleaning 286 (for man on own!). Clothing 20. Entertainment 40. Sundries/emergency 20. Phone 22.25. Hair 10. Laundry/dry cleaning 10. Papers/mags 35. Fares/travel 50. Loan repayments 30.I should add that mortgage arrears stand at £37,264.58. Had NRAM agreed the split then ex would have £26,200 (in round figures) and me £11,200.
Expert:  Clare replied 3 years ago.
Hi
Does he pay child maintenance at all?
Clare
Customer: replied 3 years ago.
no. my children are from my first marriage. my daughter is 24 and lives with her boyfriend . my sons are 23 (unemployed but possible apprenticeship in offing) and 19 (at university ).
Expert:  Clare replied 3 years ago.
Hi
The problem is that the division has been made between you and him - but this is not binding on the Mortgage Company.
The Order means that if you end up paying more than your 30% you can recover the balance from your ex - but the mortgage company cannot be force to split the debt between you.
If you cannot agree a reduced payment in the same way that he has your only slight hope would be to consider going back to the court and seek an order that he pay you the difference between what he is paying and the amount he should pay
It would however be a difficult case to argue
Please ask if you need further details
Clare
Expert:  Nicola-mod replied 2 years ago.
Hello,

Just a quick reminder, there is an unrated answer waiting for you here from the Professional.

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Thank you,
Nicola

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