Can anybody help? : LUSENET : Repossession : One Thread

Hi everyone,

Earlier this year this site was really helpful with my shortfall settlement with the Halifax. I've recently settled with them and I can now start to rebuild my life (yippee!) However, my friend may end up in a similar situation as I was if her problem with her mortgage carries on.

Basically, her partner left her and their son for another woman after living at the property with them for approx 2 years. Since then, she has been paying the mortgage without too many problems for almost another 2 years (she works full time, but it has caused finincial difficulties for her as her son is only 4).

Her ex has said that he will not sign the agreement to come off the mortgage. There is now more equity in the house than when he left, simply because the market has risen in that area. He wants her to sell so he can have his half, but she then wouldn't be able to afford to buy elsewhere. This would mean she would be making herself homeless, and even though she has said this to him, he doesn't seem to care (it's taken her more than a year to get any maintenence money from him and that was only after going through the official government agency).

My question is, isn't there anything she can do to resolve this? She has spoken to a solicitor, but they weren't very helpful. They offered no solution, so she is still stuck in catch 22.

If anybody knows any information about this, I would be extremely grateful. I don't want her to have to go through what I've just been through on top of all her other problems!

If you would prefer to email me direct my email is



-- Mel Trudgett (, November 28, 2003


Hi Mel,

I know exactly what your friend is going through as I went through a similar situation with my ex-husband who left me.

Firstly let me stress that her ex cannot make her sell the property as she has a young child. Secondly when I went through it I used the tactic of - if I get repossessed and you are on the mortgage and deeds (which even though he has not contributed for 2 years he is liable for) - then you will be in financial difficulty as will I.

Has she applied to the CSA yet. If not tell her to do it. This does take about 6 months to do but can help considerably as they do take mortgage payments (although not the mortgage directly) into consideration, so her ex will have to contribute towards this as he is still on it.

She needs to see a decent solicitor. If you are anywhere near the Kent area then reply using this site and I will give you the name of mine who was excellent.

Hopefully she is also claiming single person's council tax and children's tax credit if she is working. If not she will be entitled to quite a number of benefits.

If she can hold on, she will, more than likely come out the other side with the house intact - I did in the end, I had to pay my ex off but it was not as much as I had anticipated. I also got a clean break order as I knew he would return where house prices to rise.

She can also stress the point that he is as stuck as she is and she has no intention of selling the property - tough luck mate the ball's in your court!

-- Chris (, December 01, 2003.

Sorry Mel I noticed that you did say she had been to the CSA after replying originally!

-- Chris (, December 01, 2003.

She could also try applying for child tax credit as it comes to a lot more than you think and you normally get a lump sum to start you off which although it will not solve her immediate problem will help in the long run.

-- David (, December 04, 2003.

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