Divorce - what happens?

[sparklehorse]

I have recently divorced from my husband who left me 6 months ago. We entered into an IVA together in January 2007, his debts were 3 times mine. We originally split the bills equally but I am now left with all the mortgage and household bills. He is still paying the monthly payment though.
My solicitor has contacted the company we have the IVA with but they don't seem concerned as long as the payments are still being made.
I'm not sure whether to keep waiting to see if he continues paying or find out about splitting the debt up - not that I can afford to pay it anyway!

[size5]

I would urge you to try and contact your IP directly, it is important that this matter is resolved for the good of all concerned.

Regards.

[MelanieGiles]

I would ask your IP to see if your IVA could be separated from your husbands, leaving you with an affordable reduced payment which delivers the dividend your individual and joint creditors agreed to accept. This is fairly easy to do, and leaves your husband with the option to continue his, or look to other solutions.

[sparklehorse]

The company who supplied the IVA are not responding to my letters, emails or calls!

I also have found out I am unable to remortgage with C&G as I have an IVA, can you recommend who to contact for a new mortgage when I sell?

[Viki.W]

Hey sparklehorse, sounds like you're getting a really bad service from your IVA company. Have you tryed emailing your IP directly. You can get his/her direct email here:-
http://www.insolvency-service.co.uk/newipsearch.htm

You could try talking to Andrew Graveson about your mortgage:- www.brightoak.co.uk

Good luck. X

[sparklehorse]

Finally the IVA company have informed me that he has stopped paying altogether - something which I dreaded. They are now asking me to pay half the original fee as he says that is all he can afford. So now I will be paying everything and he gets away scot free without even paying for the divorce. I want to get my solicitor involved to get help trying to sign the house over to me but I can't afford their costs. I feel awful as if I have nowhere to turn for help.

[MelanieGiles]

Can you afford to pay half of the IVA contributions - even though it galls you to do so? I would try and continue with them, but make sure you get the IP to let you know if your husband continues to make his share.

With regard to the divorce, if you cannot afford a solicitor why not try to get an appointment with the CAB. They do have legal representatives working with them, and they might be able to at least try and get your husband to agree on the terms of your financial settlement.

[David Mond]

Is your ex now paying half of the IVA monthly contribution then? If so can you afford the other half? What has been paid into the pot so far. Also as regards the house and financial settlement - as Melanie says see the local CAB to see if they can help. By the way is there any equity in the house?

[sparklehorse]

It is going to be very tough. I don't see why I should pay for everything and he run away from all responsibility. He was even meant to pay for the costs of the divorce as he admitted adultery! I doubt if anyone will see that money!

[kallis3]

How much of the debt is yours or is joint? You could possibly get the IP to split the IVA so that you only pay what you are liable for.

[MelanieGiles]

This ought to be possible, but it would be helpful if you could let us know whether there is any equity in your property.

[sparklehorse]

He has 75k approx, I have 35k approx

[sparklehorse]

Property was valued at 270k last March. Mortgage is 160k. My deposit was 60k.

[kallis3]

You would probably benefit from a new valuation of the house, as I imagine the equity will be less now. Just get an estate agent to come round on the pretext that you are thinking of selling, that way you will know exactly what you are dealing with.

[sparklehorse]

I don't have a problem with getting a valuation, the estate agent who did it last time was very understanding and had been through a similar relationship breakdown herself.