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Clare
Clare, Solicitor
Category: Property Law
Satisfied Customers: 33953
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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. Divorce. Left marital home with 3 suitcases , her new

Resolved Question:

Hi.
Divorce. Left marital home with 3 suitcases , her new bf changed the locks. I made no application for occupation. Home rented from private landlord. £1465/mo. Lease joint and several me and wife, ending June 2015. After leaving wife gave me a letter which said she would take over all the bills and rent but "leave me on the lease". Wife did not pay rent. Now 4 mos behind. Landlord has initiated repo proceedings and small claims court, not using the accelerated procedure, which the lease does not permit. I'm on friendly terms with the solicitor acting on behalf of the landlord. Wife's new BF has been through this before, so he knows how to game it. Sol says it will take "at least 3 month", probably more due to the backlog in London right now. Assume 4. She is planning on "staying to the end". That will leave the joint liability at over 10k. I will attend the hearing, as both of us served. Can anybody think of any sort of defence or solution to this mess? I'm going to get a CCJ at this rate. Could offer 3k to avoid. Another option could apply for an occupation order and move back in. This would mean that she leaves and I move back in. Unlikely to be granted as she has a child. Any thoughts/ solutions?
Submitted: 2 years ago.
Category: Property Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question
My name is Clare
I shall do my best to help you but I need some further information first
What other assets are there and what income does she have?
How far has the divorce reached?
Clare
Customer: replied 2 years ago.

Nisi issued. There are no other assets at all , both sides are impoverished completely although relatively high earners. Form e next month and first appt April. It's a complete mess

Expert:  Clare replied 2 years ago.
Hi
How much do you each earn?
Clare
Customer: replied 2 years ago.

65 and 70

Expert:  Clare replied 2 years ago.
Hi
How early in April is the first hearing?
Clare
Customer: replied 2 years ago.

April 25. The repo paperwork has just been issued so I dont have a date on that to know if it would be before or after at this time. I make 65 and she makes 70, however her outgoings at 5k/mo include a nanny and are unsustainable. Child is schooled out of area 14 miles one way x 4 times per day which makes up most of the nannies £2k/mo cost before fuel.

Expert:  Clare replied 2 years ago.
HI
My apologies - I meant the first family hearing?
Clare
Customer: replied 2 years ago.

Child is not biologically mine, no PR. Seeing her is a different issue. financial track is running following form a , form e date mar25 and first appt 35 days later.

Expert:  Clare replied 2 years ago.
Hi
So late April.
Does the father pay maintenance for the child?
Clare
Customer: replied 2 years ago.

assessed for it but dodged it. has her alt weekends + weds nights.

my wife on criminal charges, well into custodial sentance territory. Trial June. As i said its a mess. This question relates only to my liabilities under the shorthold assured tenancy and any possible defence i can come up with (in the civil court).

Expert:  Clare replied 2 years ago.

Hi

There are two intertwined issues here

Regarding the issue of the tenancy I am afraid that you have no defence to the proceedings. the Landlord is entitled to recover the money from either or both of you and you are bound by the Tenancy Agreement.

However you could use the Family Law Proceedings to seek an Order that your ex pays the Rent and indemnifies you in respect of the arrears.

It woudl be an unusual; use of an application for spouse maintenance - but I suspect that you will have the sympathy of the court in the circumstances

Please ask if you need further details

Clare

Customer: replied 2 years ago.

A most excellent idea that I will consider. I didnt think I had any defence to the proceedings for repo. However, she does not have any money, so I am not sure what would be achieved by one person with no money passing the liability onto somebody else who also has no money. We'll both get CCJ's, then it will move to enforcement.

Expert:  Clare replied 2 years ago.
Hi
Your ex has a substantial income from which she shoudl pay her housing costs
Clare
Clare, Solicitor
Category: Property Law
Satisfied Customers: 33953
Experience: I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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