B
BlueMoon2
Guest
My 1st time posting, so I hope this is the appropriate forum and appreciate all responses to a complicated situation.
In 2004 my ex and I bought a house as 1st time buyers. We split up before moving in. I moved in with 2 children and paid the mortgage alone.
In 2007 we went to court and the result was ex's name came off the deeds. His name is still on the mortgage.
In 2009 I got married to new partner. He has never had a mortgage or owned a property.
Today mortgage is still in mine and my ex's name. His name was meant to come off it following removal from the deeds but each of us presumed the other would approach the lender to remove it. I feel it was his job to follow up. But thats neither here nor there. We are not on speaking or even contacting terms.
Without going into the ins and outs of everything, it is getting increasingly difficult to pay the mortgage. It's 2 months in arrears. Not subsequent months. There is 1 more child now, so 3 children.
I am not working or receiving any social welfare. I have no option to work as only qualified to JC level and don't earn enough to pay child care for 3 kids, let alone a mortgage.
The bank cannot go into any reduced payment agreement as my ex will not fill out the form for the process to take place. They are very firm they won't deal with anything without both of us filling out the form.
At this stage, legally, can I declare myself bankrupt and hand back the house to the bank? The house is approx €80k in negative equity, but of course it's so hard to know exactly.
What happens if I just stop paying? Ie how long can we expect to stay in the house before repossession would occur? 1 more month? 6 months?
In the meantime can they take possessions from the house? Basic interior and decor. I'm thinking of the knockon effect to the 3 children.
Does my husbands income effect my ability to declare myself bankrupt, or is it not taken into account?
Legally can they say my husband has to pay the mortgage, my debt in my name and not his?
I don't care about my credit rating at this stage.
We would like to be rid of the house, the stress etc, and just rent somewhere we can afford. We do not want to emigrate.
Please if anyone can offer step by step advice I'd really appreciate it.
In 2004 my ex and I bought a house as 1st time buyers. We split up before moving in. I moved in with 2 children and paid the mortgage alone.
In 2007 we went to court and the result was ex's name came off the deeds. His name is still on the mortgage.
In 2009 I got married to new partner. He has never had a mortgage or owned a property.
Today mortgage is still in mine and my ex's name. His name was meant to come off it following removal from the deeds but each of us presumed the other would approach the lender to remove it. I feel it was his job to follow up. But thats neither here nor there. We are not on speaking or even contacting terms.
Without going into the ins and outs of everything, it is getting increasingly difficult to pay the mortgage. It's 2 months in arrears. Not subsequent months. There is 1 more child now, so 3 children.
I am not working or receiving any social welfare. I have no option to work as only qualified to JC level and don't earn enough to pay child care for 3 kids, let alone a mortgage.
The bank cannot go into any reduced payment agreement as my ex will not fill out the form for the process to take place. They are very firm they won't deal with anything without both of us filling out the form.
At this stage, legally, can I declare myself bankrupt and hand back the house to the bank? The house is approx €80k in negative equity, but of course it's so hard to know exactly.
What happens if I just stop paying? Ie how long can we expect to stay in the house before repossession would occur? 1 more month? 6 months?
In the meantime can they take possessions from the house? Basic interior and decor. I'm thinking of the knockon effect to the 3 children.
Does my husbands income effect my ability to declare myself bankrupt, or is it not taken into account?
Legally can they say my husband has to pay the mortgage, my debt in my name and not his?
I don't care about my credit rating at this stage.
We would like to be rid of the house, the stress etc, and just rent somewhere we can afford. We do not want to emigrate.
Please if anyone can offer step by step advice I'd really appreciate it.