My ex husband has moved from the house with no notice. He's cancelled the house insurance so it's now uninsured. He also isn't paying the amount he had previously agreed to pay. So the mortgage is going to go in arrears. He's boarding with someone for free so he can save for court costs. He said he doesn't care what anyone looses in the process of all this. There's DV orders. My family are guarantor on the property. I tried for legal aid but that doesn't look like it will happen because property is so hard to get legal aid for.
I don't have the $20-$30k to fight in court for it to be take.
The banks no help. They said it needs to be 6 months behind before they repossess it. But that than makes my credit rating bad and also I work in the financial institution which means I than loose my job too.
The sale of the house should cover Mtg rates water agent fees and lawyer fees but if it's getting behind I'm not so sure it will make that amount over the 6 months. There is a current contract which he refuses to sign because he's not happy with he visit situation. He sees her once a week and phones twice a week. Long DV drugs etc etc so the visit is supervised.
The house could be sold next month.
I stopped there today as he said he was not living there anymore. There is rubbish all through the house, he's taken all the stuff (my parents to which they lent him when I left) there is rubbish in nearly every room in piles, the fridge is on which is disgusting inside. There is piles of rubbish outside. I don't know if he's going to clean it or not.
I'm feeling so lost. I don't know what to do. My brother has offered him $5000 if he signs the contract (we make no money from the sale) as my family can loose there house. He said he would have to think about it and lied saying that those people aren't interested anymore which is a lie as I've spoken to the agent.
What am I supposed to do? I can't make up the extra payments on the mortgage.
Lost.
Lost.
Posted in:
Life Lessons, Relationships & Marriage, Money
4 Replies
Get in to the house, clean it up and move in ASAP. Or clean it up and rent it out. Rental markets are tight so move on it fast. That way you won't get further behind. Take the $5000 your brother offered to pay for clean up!!
Find a lawyer who will accept there fees when the settlement occurs. There are lawyers that do that, I know because that's what my sister did. She didn't even need to pay anything up front. Otherwise take the $5000 your brother offered and use that for the lawyer.
There's no money made from the house even if it's called up. So can't get a lawyer to get the money at the end.
And he needs to sign for a renter and he won't do that either.
$5000 doesn't even get me to the first hearing. I've phoned numerous solicitors to ask a price. It's $8000 just to get to the first hearing. I don't have any other money. I'm swimming in debt from when we were together and I've got no money left even for my current bills.
You can apply for hardship with your institution they are required to asses the situation and assist where they can... you won't lose your position at work as there are other factors at play and they would be had on unfair dismissal (I work for one of the big four and with the FSO)
Other options are part 9 agreement this will hurt you CR rating for 5 years
You need to speak to a financial counselor on what can you do.... and sOeak to your workplace ASAP
Go to a lawyer and ask for them to do an urgent application for a statutory trustee for sale. This means that a trustee (you can say you) get appointed to sell the house. The ex husband then doesn't have the option whether he accepts or not, it is up to the trustee. You can also have the costs of the solicitor covered by any surplus of sale proceeds. Don't go through legal aid, go to a proper solicitor and tell them you need to sell the house asap as your husband will not co-operate and get them to lodge an application in court to have the house sold. The application will deal with the sale of the property only, not other family law issues.