In 2011 just before we split up my then husband took out an iva and put our house on it as well. At first I didn't want to sign the paperwork because I suspected that he might leave after that, but he was crying his eyes out begging me to do so as his creditors were chasing him and he couldn't carry on living like this. So I signed and 2 days after I done so he texted me at work saying he was OUT. Before I signed the pepper work he promised me that all he wants is for debtors to stop chasing me and he has no claim on the house etc etc. Nothing in writing though. In about a years time we got officially divorced and I tried to remortgage. He was fine with that and we started the ball rolling. He realised they he would have to pay iva company a chunk of his profit from me buying him out and he told me that he cannot carry on with the process because he doesn't want to pay the money owed. Again nothing in writing, just over the phone or texted. In about 2 year time I tried again with him and although he seemed willing at first he stopped me from doing anything again. So fast forward 5 years, iva is over and he appears demanding his share of the increase in property value and the rest lol. To put it in numbers: we payed £4000 each for the deposit, he lived in the house for 2 years and payed his half of £550 mortgage. He is demanding £26.000 from me in a very aggressive manner. Now I have a small child (not his) I can't afford all that money, never mind morally he can't be fooking serious. We both have solicitors involved now and I am willing to give him £10.000, but I have a feeling that he will push for the whole amount. If he does I want to take him to court and use his refusal to remortgage twice as leverage. My question is- can I use his refusal to remortgage twice in court? Has he broken any iva terms and conditions so that maybe I can put some fear of reprisal into him? Thank you all.
Hi. From what I see here he hasn't broken the terms of his IVA regarding the property (whether he was strictly honest with his IP about other things we will never know).
You can only present things as you have described here and hope that the judge sees more of your side of the story and recognises that he appears to be a man more concerned with not honouring his responsibilities.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014 http://foggy.blogs.iva.co.uk