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Harris
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Law Specialist
Category:
Law
Satisfied Customers:
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Experience:
Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My ex husband and I bought a property in Bulgaria which is
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My ex husband and I bought a property in Bulgaria which is now in huge negative equity. My divorce consent order gives Mr Harris the property and states that he must indemnify me from the mortgage. This was never done. He is now planning to hand the property back to the bank and they state they will be applying for CCJ's and I will be included in this. Is there anything I can do. The Bank is a Greek bank with a branch in London.
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Expert:
Harris
replied 2 years ago.
Hi, thanks for your question. Was the divorce and financial settlement dealt with by an English court?
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Customer:
replied 2 years ago.
Yes the divorce and consent order were in the uk. I retained the family home and my ex husband retained a house in the uk with a mortgage on it. A house in America with no mortgage and the apartment in Bulgaria. If he sells America he could pay off Bulgaria but he refuses to do that
Customer:
replied 2 years ago.
Are you still working on this. I am confused with how this is working ?
Expert:
Harris
replied 2 years ago.
Thanks for the further information. In relation to the indemnity clause regarding the mortgage on the Bulgarian property - this is usually an undertaking whereby if the mortgage company pursue you for the debt, then your husband would need to reimburse you the costs that are sought against you. It is usual that a bank is unable to severe a joint mortgage unless the party taking it on solely is able to afford it themselves, and in those circumstances the mortgage will remain joint and if they seek any money from you then your husband reimburses you.
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Customer:
replied 2 years ago.
So what if my ex husband refuses to reimburse me and sells his uk property to live abroad . Where would that leave me ?
Expert:
Harris
replied 2 years ago.
You would need to pursue an application for contempt proceedings if he breaches an undertaking that he has given.
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