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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 1494
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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Me and my husband got divorced 2016, and living in the UK

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Hi,
Me and my husband got divorced 2016, I'm Thai and living in the UK under a permanent resident visa. We agreed in court that he would be the one who responsible for paying the mortgage while we are trying to sell the property which is where I live.
My name is ***** ***** mortgage as well as he is. Now he is not paying the mortgage for three months. He lives outside the UK and claims that he has no longer can pay the mortgage as he is on the verge of bankruptcy which I 70% believe. I can not afford to pay the mortgage. The property is the only asset that we have, I can not let the bank take it back as I will become homeless if that happened. My question are. Can the bank force me to pay the mortgage even I have a court order? what is the best thing for me to do in this situation? as I don't want the bank to repossess the property. What should I say to the bank as I have to call them back next week?Best regard
Pattarat

Hello Pattarat

Welcome to Just Answer

I am a Solicitor and will assist you.

I am sorry to hear what is happening.

First thing it is important that you know that the mortgage company is not bound by any court order between you and your ex husband in relation to the matrimonial finances. If your mortgage is in joint names then the mortgage company can pursue either of you for a short fall.

Hopefully your court order would have included an indemnity clause which means that if you do have to pay anything then you can make a claim against your husband for anything you have to pay - but this is only going to work if he has the means to pay you back, but if he does still have a share of the house you can use that as an asset to get your monies back.

You already have a court order in place that says he should pay the mortgage so you can enforce this against him. The good thing about family court orders is that you do not need to make various different types of applications depending on what assets or income he may have but you can make one application and the court will enforce it for you the best way that it can. This is the form that you need:

https://www.gov.uk/government/publications/form-d50k-notice-of-application-for-enforcement-by-such-method-of-enforcement-as-the-court-may-consider-appropriate-family-procedure-rules-2010-rule

The court fee for this type of application is £50.

You send the application to the court once completed. Detail the order that you have and how he is in arrears with the mortgage payments.

In relation to speaking to the mortgage company, you can tell them about the court order and how payments have not been paid in accordance with that order. You can explain you are seeking to enforce the payments. Hopefully they will be understanding in the circumstances for you.

Let me know if I can assist you further

kind regards

Caroline

Please kindly remember to rate positively by using the stars so that credit is received for helping you today. Your question will remain open when you leave positive feedback and I will be able to answer your follow up questions for free for you

Customer: replied 6 months ago.
Thank you, ***** can have my ex-husband to agree on the paper that he will pay me back on what pay for the mortgage, would this help?

Hello

If you mean that when the house is sold, you will agree that he will repay you from that money any monies you have paid then yes by all means you can do this.

But if you are struggling and need to enforce the order as he won't pay then applying to court is your best option.

Let me know if I can assist you further

kind regards

Caroline

Please kindly remember to rate positively by using the stars so that credit is received for helping you today. Your question will remain open when you leave positive feedback and I will be able to answer your follow up questions for free for you

ukfamilysolicitor and 2 other Law Specialists are ready to help you
Customer: replied 6 months ago.
Thank you for your advice, I will be back if I have a further question relating to this issue

Your welcome. Glad I could help you and thank you for using Just Answer.

I if can help you any further then please do not hesitate to ask.

kindest regards

Caroline