Separation and Divorce

Posted on 26 July 2011 by Gilly


My husband and I have separated and are divorcing. We have two children who live with me, aged 11 and 15, in our marital home. We have a 180k mortgage which we took out on moving into the property 8 months ago on a 2 year deal. My husband, who is self-employed, is an alcoholic and has become ill and currently is not earning. I am very worried that I will be unable to meet the mortgage payments if he is unable to pay me maintenance etc. I have approached the mortgage company to ask if interest only could be paid until he is at work again or until I get another job but they have refused. Do you have any advice? I am in a position where I currently don't earn enough to rent locally either.

Gilly

I have referred your enquiry to our in house Solicitors Rollingsons and asked them to look at any legal remedies you may have and they will be in contact with you by e mail.

With regards to your mortgage you must now speak to a trained money adviser from either Citizens Advice or Shelter.  They can help you create a budget, advise whether or not you qualify for any Government backed schemes or benefits and talk to your Lender. 

Your lender can not repossess your property without showing a judge that they have followed the 'pre action protocol' which states they must:

Tell you how much you owe and any interest charges you will pay. 

Consider a request from you to change the way you pay your mortgage. 

Respond to any offer of payment you make. 

Give their reasons for turning down your offer of payment within 10 working days.

Give you 15 working days written warning if they plan to start court action because you haven't kept to a repayment agreement.

I recommend that you also take a look at the excellent Government website: DirectGov.  This has more information on who to contact and how.  What your lender must do and what you must do.

Good luck.

Peter

Answers provided in response to Ask the experts are based on the information provided and do not constitute advice under the Financial Services & Markets Act. They reflect the personal views of the authors and do not necessarily represent the views, positions, strategies or opinions of John Charcol. All comments are made in good faith, and John Charcol will not accept liability for them.

We recommend you seek professional advice with regard to any of these topics where appropriate.

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