Court Order & liability of ex spouse,what can we do next?greenspun.com : LUSENET : Repossession : One Thread
Fairly new to the internet & have only just found this site, wish we had been in possession of all this valuble info 2 years ago!This is a complicated situation which I shall keep as brief as possible.My partner and his ex wife jointly purchased a property in 1988,got into difficulties finacial & marital& could not sell flat for the the amount that they borrowed,so handed keys back to lender, Northern Rock, and walked away from the property, moved to rented accomodation,leaving no forwarding address. My partner was young at the time & regrets the course of action taken,but was under enormous pressure from his then wife who threatened to leave with their child if they did not move out of the one room studio flat.They eventually parted & divorced in 1998. April 2000 he was served with papers(at work!) for a Court Order for statment of income & expenses. Then in June 2001 was taken to Court and was issued with an attachment of earnings order for £40,000 in favour of Northern Rock. He has no documentation relating to this mortgage & has no knowledge of how much the flat was sold for, it was purchased for 56,000. We have sent a SARN request to Northern Rock so hopefully will gain some insight into what happened to the property.He is fully aware of the mistakes that he made, and is prepared to pay his dues, but feels very agreeved that his ex wife has never been chased in respect of this debt,even though she should also be jointly liable, she works, so does have an income.We would very very much appreciate any help or guidence that anyone may be able to give as whether there is any course of action that he may take to address this situation, as at this rate he will be paying off this debt for the rest of his working life, and maybe even into retirement while his ex wife has apparently 'got off scott free'.
-- julie roser (firstname.lastname@example.org), January 23, 2003
Ji unfortunately joint & severally liable does mean that they can go after either both or just one. It's a pain I know I'm having to pay because my ex trashed the house up and made it negative equity. The usually go after the one who's going to cough up unfortunately. Any more help I can give give me a shout.
-- Jaren (email@example.com), January 27, 2003.
Sorry wrong email address.... Doh!!!! Right one is above
-- (firstname.lastname@example.org), January 27, 2003.