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Ask Clare Your Own Question
Clare, Solicitor
Category: Law
Satisfied Customers: 34911
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My ex wife has been living in our marital home for the last

Customer Question

My ex wife has been living in our marital home for the last since we split up due to her having an affair. She has turned down every offer that I have made since the divorce and last year I found out that neither of the children are mine, they are aged 15 and 12. The mortgage is now in arrears and the house is in negative equity, I have now offered to take the house on in order that neither of us incur any debt and the bank have agreed to this if she is happy to consent to removal from the mortgage. She has already decided to leave the property but out of spite has said she would rather have the house repossessed and have then make herself bankrupt to avoid the debt incurred. Can she do this, when I have offered an alternative solution that will render her debt free?
Submitted: 5 years ago.
Category: Law
Expert:  James Mather replied 5 years ago.
Is your name still on the mortgage?
Customer: replied 5 years ago.
Yes it is, it is a joint mortgage.
Expert:  Clare replied 5 years ago.
How far have the divorce proceedings reached?
Customer: replied 5 years ago.
We have been separated for 5 years, divorced for 2, but because she has been so difficult we have yet settle financially. We have the initial FDR in 2 weeks. In your opinion is the court likely to allow her to allow the house to be repossessed, and then make herself bankrupt in a bid to avoid paying anything when I have offered another solution?

Expert:  Clare replied 5 years ago.
No if you can prove that this is indeed her plan then the court will instead order that the property is transferred to you - which appears to be the most effective way of solving the problem