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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34272
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Clare, Thank you so much for picking this up again. I must

Resolved Question:

Hi Clare, Thank you so much for picking this up again. I must admit I did not know where to turn. I've just had a look at this and it includes information as to the date of the hearing? We wouldn't know this would we?
Also, there is a point in the D81 asking have you served the mortgagee with a copy of this notice. Do we need to do this or just answer "No"? Would we need to do that at some point to get his name off the property?
Many thanks,
Charis
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.

You leave the dates for the hearing blank - The District Judge will write them in

Given the Bankruptcy you can simply write No!

As and when your niece resolves the Nat West debt (which should also be referred to sorry I forgot!) and can pay it off/transfer it to her sole name then she can get her ex to sign the paperwork - which will then make things easier when she comes to sell the property.

Customer: replied 1 year ago.
Sorry for the delay again, Clare. More stress this end. Anyway: -The NatWest debt –
this is in both their names and he was discharged from the bankruptcy April 14. So, is he not liable for at least half? Don’t quite understand that she has to take that all on herself unless it is the only way of separating them finally
Must this be sorted before she can apply for the Consent Order? ( He is desperate for the car that my niece owns )
She is in no position to repay the loan in full and is paying the £4 per month mentioned. They will however review every 6 months and if she can afford more then she will have to pay more.What would be the result of leaving the loan in place as she has no intention of selling?Should we contact NatWest – who have in fact passed the debt to Ascent Legal although they still get a statement from NatWest – to see what they will need?Building Society - What does she do about getting his name off the mortgage – or does she just leave it there? If so, what are the benefits / disadvantages?Then- Do we need just the Consent Order or also the Form A and D81?You have my full attention till next Wednesday so I hope we can sort out what we need and do it by then!Best regards,
Charis
Customer: replied 1 year ago.
Forgot - re Consent Order - she wants to claim maintenance for her 7 yr old son. He has agreed to pay but isn't doing so.Charis
Expert:  Clare replied 1 year ago.

Unfortunately the bankruptcy wiped out his responsibility for the debt - it is linked to the house and was a joint and several debt and now falls to your niece.

She does not need to do anything about the mortgage until she wishes to do so - provided the clause regarding him signing the transfer documentation is included in the Order.

You will need the Consent order and the D81

Customer: replied 1 year ago.
Hi Clare,
He just seems to get away with everything.
ANYWAY! I would like to continue this by phone to bring it to a conclusion at a mutually acceptable day and time. I'm out during the day today. Tomorrow - Sunday I can be available after 10.30 am as long as I know when, same for Monday and Tuesday. My brain seems to switch off at 7.00 in the evening so before that would be good!I will read through the above again to be sure I have a clear picture before we speak.Best regards,
Charis
Expert:  Clare replied 1 year ago.

I should be able to speak to you at about mid day tomorrow if that is ok

Customer: replied 1 year ago.
Hi Clare, That would be great. Do I just call you from the button on screen or will you email me to let me know when you are ready?
Here is a summary of points to cover / clarify:-22/08/2016 08:17
CMT I've just had a look at this and it includes information as to the date of the hearing? We wouldn't know this would we?
CLARE You leave the dates for the hearing blank - The District Judge will write them in
CMT Also, there is a point in the D81 asking have you served the mortgagee with a copy of this notice. Do we need to do this or just answer "No"? Would we need to do that at some point to get his name off the property?
CLARE Given the Bankruptcy you can simply write No!
CLARE As and when your niece resolves the Nat West debt (which should also be referred to sorry I forgot!) and can pay it off/transfer it to her sole name then she can get her ex to sign the paperwork - which will then make things easier when she comes to sell the property
CMT Q What paperwork?CMT The NatWest debt –
this is in both their names and he was discharged from the bankruptcy April 14. So, is he not liable for at least half? Don’t quite understand that she has to take that all on herself unless it is the only way of separating them finallyMust this be sorted before she can apply for the Consent Order? ( He is desperate for the car that my niece owns )
She is in no position to repay the loan in full and is paying the £4 per month mentioned. They will however review every 6 months and if she can afford more then she will have to pay more.CMT What would be the result of leaving the loan in place as she has no intention of selling?Should we contact NatWest – who have in fact passed the debt to Ascent Legal although they still get a statement from NatWest – to see what they will need?
CLARE Unfortunately the bankruptcy wiped out his responsibility for the debt - it is linked to the house and was a joint and several debt and now falls to your niece.
CMT Q Ascent still send letters to both of them?Building Society - What does she do about getting his name off the mortgage – or does she just leave it there? If so, what are the benefits / disadvantages?
CLARE She does not need to do anything about the mortgage until she wishes to do so - provided the clause regarding him signing the transfer documentation is included in the Order.
CMT Q How would we word that?
If the NatWest loan is now hers because of the bankruptcy – Does this apply to the mortgage too?Then- Do we need just the Consent Order or also the Form A and D81?
CLARE You will need the Consent order and the D81
CMT Q Not a Form A as well? ( picked that up from HMRC website as a requirement with a consent order application)Best regards,
Charis
Customer: replied 1 year ago.
Hi Clare,
Ready when you are.
Charis
Expert:  Clare replied 1 year ago.

Your queries in order

1. The transfer documentation to place the property into her sole name

2. The debt remain in joint names- but is only enforceable against him in so far as it is still deductible from the equity

3. Yes the mortgage is her responsibility

4.The Court will not insist on it

Customer: replied 1 year ago.
Thank you, Clare.Must admit I sat watching my emails from 11.45am but gave up on you replying at 2.30pm. Can we re-schedule a phone call, please? Just finished helping her with the garden so had enough today.If you email me a time to ring you for tomorrow that you can be available after 3.00pm or anytime Tuesday then I will make sure I'm in. Please can we be exact? Not sure if this is possible for you? (Not given to sitting around as I suppose you have gathered!)Are you available all the time?Best regards,
Charis
Expert:  Clare replied 1 year ago.

My apologies - it is not always posisble to be exact I am afraid

Tuesday afternoon is possible

Clare and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Will be available from 2.00pm then. BUT Do I ring you from the button on screen or will you let me know when to do that?
Customer: replied 1 year ago.
Don't understand, Clare. Have just received a request from you to rate your service.
Are we not going to have a phone conversation this afternoon then?
See my response to you above from yesterday.
Charis
Customer: replied 1 year ago.
Due to your lack of response, disapponitment and the growing feeling of discomfort in achieving the objective I'm closing this now. You said yourself that you "gave it up in the 3rd set" when I asked if you could continue with the case on Aug 15thCharis
Expert:  Clare replied 1 year ago.

My apologies once more - I have a daughter with Chronic illness it can make life unpredictable

I have made an offer with a token payment (the minimum I can)