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Well, apologies for what is going to be a very long post, but tbh my head is fried and a few weeks ago attempted to call my life a day sadly. Selfish i know, but half way through stopped and went to hospital - mainly due to my ex cheating on me. I am in a very awkward situation and I am not sure where the law stands, where I stand and until i find out cant sleep - not even with the anti depressants i am on.
My Situation
I am 38
I have 2 children from first ex aged 15 and 13
They get £150 a month (private agreement)
1 child aged 5 from my recent ex gets £75 month (private agreement but dont trust her hence why on here) We were not married.
My Finances
Earnings are £33k before tax and a £5k Car Allowance on top (due to the mileage i do)
Take home pay therefore is £2300 a month
Outgoings come to £2200 leaving me £100 month for clothing and going out (altho if i stop smoking this will help)
All bills (which are a struggle) are paid like amenities, mortgage, council tax, fuel, food, catalogues, phone, house insurance etc
My House
We bought the house in joint names in 2008 from Barratts on a 75/25 scheme. We at the time bought the house for £158,400 which was the 100% value. However the mortgage payment is £550 for the £123000, and the other 25% is held as a second charge on the property of which during the next ten years following purchase means a remortage to pay the oustanding sum.
The property is now in £33k negative equity which doesnt help
The issue
She has never paid a pennny into the mortgage or towards any other bill - not even a tin of paint. I have proof of this.
She states that the CSA have told her she is entitled to £355 a month due to my income
She states she can have that as I didn't go through official channels for my other 2 children from previous ex
Ive explained that if she wants that money i cant afford the mortgage which means she would have to be half liable to the property -( is that right?) costs - she seems to think that as she isnt working she wouldnt or couldnt afford to pay it. So for the time being she has agreed to £75 month the same as my other 2 get.
She lives with her mum and dad now with my little boy. I have no idea what she is claiming benefits wise
She cannot get a property with the council as they have refused her application as her name is on the mortgage.
She cannot get her name off the mortgage beacuse of the negative equity plus my credit file shows a few late payments from other stuff (not the mortgage) I believe that if she does get her name off the mortgage she will then go to the csa screwing me over.
Child Arrangements
I have all 3 children from Friday - Sunday 3 weekends of the month. This week due to BH and the fact i am off from work for a week, I will be having them from Friday until Thursday. We shall be going out for day trips, plus obviously I need to feed them both when out and both when at home.
Due to her going to her mum and dads and the fact that our son has some learning difficulties it has meant the fact that he has had to move to nurrseries and is unable to get a school position until Janauary 2014. I dont seem to be fully informed about any progress of my son and what is happening
Other
She bought a pc for me for xmas in 2007. She fell behind on payments etc. Cut a long story short, she got a ccj, then a charging order on the property we are in . The finance was in her name. Her mum and dad have forced me to sign saying that I will pay it at £25 a month. I am stuffed beacuse if i dont pay it then HFC will or can enforce sale of the property.
So like i say, I aplogise for this massive amount of information, but i think its important that I have divulged everything. I just need to know where i stand. I am so confused and my head is so battered and well due to work commitments Ive just not had chance to speak or see anyone and I am certainly not in a position to pay 🙁
I am confused as according to the CSA calculator I need to be paying £58 a week which i cant afford and is odd that that seems to be a big difference from £355 she had been quoted. Like i say I dont know what she is claiming, and according to it, if she is claiming various benefits and given the amount of nights my son is here, I dont need to pay anything??
Please can anyone help me with any of these issues and questions i have raised? I am so confused with it all.
Thanks in advance
Ian
Heya Ian,
sorry to learn of this mess. Best thing is to write into the CSA - explain if you are paying mortgage payments as this maybe taken into account. I was not clear on where you and the children were living which may sway things.
Bw
I would go and see the citizens advice bureau about this.
My thoughts are (and would be worth raising these with the CAB)
1. HFC are not going to force sale of the house - they would have to go to court to enforce this, and the court is unlikely to force the sale on such a small amount. However, even if they succeeded, they would only get their money from the share of whatever is left after the first mortgage is paid, and since you are in negative equity, that is nothing at all.
2. I'm not sure about the 75/25 scheme, but it actually might be a very good time to sell the house now and start afresh - I think Barratts may either be stuck with the full amount of the second mortgage, or they may have to take a 25% share of the drop in value, which will reduce your debt by £8000.
As I say, go and see the Citizens Advice Bureau asap.
I would actually say see a Solicitor asap! You are in a bit of a mess aren't you? See if you can get 30 min free or a fixed fee interview
The equity mortgage is a mess, there is a second charge, and the HFC
The problem is the fact that the property is in joint names,, although she has not paid into it, you have a child and when you correctly split the finances, you are sort of looking at 60/40 as she would need to rehouse the child. However, as the property is in negative equity you are in so much difficulty. That will not happen obviously! Have you thought about taking in lodgers until you are out of negative equity? Because the debt left over after a sale will to you and your ex. As you are both jointly and severally liable for the mortgage, if she does not pay, they will just look to you especially as you are in employment. They don't care where they get their money from, as long as one of you pays.
I agree with actd I doubt HFC will enforce a sale for a small amount, it will be expensive and they will get nothing out of it. Have you seen evidence of the Charging order or is that just what you have been told? I am surprised they got a charging order for a small amount.
While you have the agreement with the first wife, I am sure that the CSA will look at how much you are paying for those two children, if not your first wife will have to make a claim too! ( I don't know a great deal about the CSA). When you used the CSA calculator did it ask if you paid money for other children?
But one thing she is right about, if she is on a mortgage, she will not get council housing.
Although you have work commitments, I strongly recommend you get expert advice asap.
I think getting some legal advice asap is good advice....renting the property out might be an option whilst there is negative equity.
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