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James Mather
James Mather,
Category: Family Law
Satisfied Customers: 1390
Experience:  Senior Partner at Berkson Wallace
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I am paying the mortgage and my ex is threatening to get us

Customer Question

I am paying the mortgage and my ex is threatening to get us evicted. He hasn't paid a penny.
Submitted: 3 years ago.
Category: Family Law
Expert:  UKfamsol replied 3 years ago.
Hello and thanks for your question

I need a bit more info to be able to answer:

Whose name(s) are on the title deeds, and on the mortgage?
Is the mortgage in arrears?
Are you married or were you married to your ex?
Do you have any kids & do they live with you, and how old are they?
Customer: replied 3 years ago.

both names are on the mortgage he hasn't paid a penny for 4 years and yes I am in arrears and yes I was married to him and our youngest lives with me he is 22

Expert:  UKfamsol replied 3 years ago.
Hello again & thanks for the info.

There are potentially two disputes here:

1) the dispute between you & your ex - your ex cannot get you evicted without either your agreement or a court order within divorce proceedings

2) possibly a disoute betweeen the building society, and you & your ex together, as both named on the mortgage deed. The building society CAN get you evicted if you are very behind with the mortgage and you ignore correspondence from them or don't keep to an arrangement to clear mortgage arrears. (They would have to get a court order first).As you & your ex are both jointly and severally liable for the whole mortgage, that means that if the mortgage gets into arrears, the building socicety can go after either one of you to clear the arrears. Sometimes people can't bear to open letters from the building society - but then the building society can go to the other person who might make the building society think the only way they will get paid is to start possession proceedings. By contacting your ex, your ex comes to know that the mortgage is in arrears if he didn't know before, so that gives him the opportunity either to be helpful to offer to the building society to pay sometthing off the arrears, or to be unhelpful & tell the building society he'll pay nothing, and then to harass you by saying he'll get you evicted.

So - I need a bit more information:

1. When you got divorced, was there any court order which set out what was to happen with the house and any other assets? If so, what did the order say?
How much is the house worth now, and how much is the total mortgage plus arrears on the house? How much is your annual income from all sources? Does your ex own any property? What is his income? What other assets do you & your ex have?

2. Have you come to any arrangement with the building society abiout the mortgage arrears and kept to it and/or do you know if they are planning to take you to court for a possession order? If so, what stage are those court proceedings at?