I put the tenants in the property and yes I have marketed the property to be sold with a buyer but my ex husband did not agree.
he just wants to have full control of the property, but 63% was given to me & 33%to my boys who @ the time were under 18 years old but now over 18
The property is valued @ £90000 the outstanding mortgage is around £650000
My ex husband name is ***** ***** the mortgage.
The order was set in 2009 but no set date for the sale to take place was given.
I would like to move back into the property with my son as long as the possession order dose not apply to me , what are my legal rights?
I moved out about one year ago due to me having a major operation and i needed the rent money to live on as I could not work and still not able to work.
I own my current home,
Dose it make any difference what I have?? We have had our financial settlement.
what if i want to be added to the mortgage so my ex can be released, so i can eventually live there with my son, as it is a more affordable mortgage then where i am living at the moment and struggling with my payments.
Yes i can remortgage,
i will not want them to be on the mortgage, as they would not qualify. i would like the mortgage to be transferred to me by the courts.
but as my very first question was regarding the possession order in which my ex husband got against the tenants, would that apply to me if i occupied my previous matrimonial home which i have 63% share of.? also one of my sons who has as share of 33% would like to move into the house with me as he is homeless.
i have shown that i have lived else where but i can no longer afford to live there and i am i arrears and i was threatened with an possession from my lender, if i move back to the matrimonial home that has a more affordable mortgage, around £350 cheaper and start to make immediate payments on the mortgage what are my rights then?
Also since the divorce i have made and can prove all mortgage payments to the matrimonial account, only the last one year has not been paid since i moved out.
if i move into the property can my ex husband get a possession order to get me out?? also i have matrimonial rights registered on the property do they still remain all though we are divorced?
My ex has got a eviction date to get the tenants out with bailiffs, if i occupy the property before this date, when they turn up what can they do??
They are leaving soon but I don't want the property vacant, we are going move same day as they vacate.
Can my ex apply for an immediate eviction To get me & my son out?
If my property is rented out as i can not offerd to live there And have nowhere to go?
Due to the court order that the property should be sold, would the court ask for an immediate sale, and if so would I we be able to live there until it is sold?
The tenant have now vacated the property and i have moved in, the date for eviction is 16/03/2015.
legally what can happen to me on that day ??
The court order which shows I have 63% share if the property once sold ,
Is that sufficient?
The Notice of Eviction is addressed to the named person on the tenancy and all other occupiers !!!! what can i do ??
I am not on the title deeds it's only in the sole name of my ex husband
The Notice of Eviction is due on the 16/3/15 and states that a possession warrant gives the bailiff authority to remove anyone still in the property (on the land)at the time of the evictions due to take place. And will change any locks,
is this allowed to happen with my interest in the property?
It's served to the people name on the tenancy and any other occupiers
A copy which the the tenants received were put through the letter box
Do i go to the court where the eviction notice came from?
can this be done online
I completed the form and had a hearing and due to me leaving and re moving into the matrimonial home the district judge said that my right of occupation dose not apply any more, is that correct?
and a eviction as been arranged for next Tuesday.
would it be possible to reinstate my right of occupancy as I have 67% share once the property is sold.
can I apply the eviction ?