My ex-partner has an IVA and we have a joint mortgage, he took out this Iva a year after our split, I was asked to sign paperwork regarding the Iva -which of course I didn’t but now they tell me they have protection on my house. Also on his expenditure form through his Iva he’s stated he pays half the mortgage, which he doesn’t and hasn’t since before we split. Please help or advice if possible what I can do.. I pay this mortgage every month and basically feel I’m
Paying his debt..
You are not paying his debt, as such. But he is possibly getting an allowance against his income for the amount he says he pays in mortgage.
There will be a restriction on the house, meaning it cannot be sold without his IPs permission. At the end of his IVA he will need to investigate equity release or extend the IVA by another year.
You could write to his IP explaining that you did not give permission for the restriction to be lodged and they will have to sort something out with your ex .... possibly exclude the property from the IVA and add on the extension now.
Be aware, though, that the ultimate sanction could be failing his IVA ... this might lead to bankruptcy, in which case the house will be at risk of needing to be sold. An IVA, to some extent, protects the property, whereas BR does not.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
Possibly around £15.000 equity.
The annoying thing is I never agreed to this IVA.. I’ve tried to sell, offered him a buying out fee and he’s refused. Surely it’s unfair for the IVA to be put on when I’ve not agreed?
I’m really struggling to understand what to do.
Thanks
I’ve seen a solicitor and asked my options. It’s a nightmare. I’m now in process of following the procedures.
I’ve finalised mediation and now in process of filing court papers.
I wish there was an easy way it’s all very draining.
Thank you for your help/advice
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley. http://kallis3.blogs.iva.co.uk
Well that was a waste of time, nobody knows the correct procedure I need to take. I have now been diverted to legal aid and a list of family law solicitors who possibly assist me.
Think my case is quite complex .. very stressed.
On to step number 4 see if that helps
I do feel for you and hope you can get something sorted soon.
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley. http://kallis3.blogs.iva.co.uk
I am sorry, but .... why are you going to all this trouble and possible expense ? Are you wishing to sell the house in the near future ?
Possibly stopping him getting the expense allowance for the half mortgage he isn't actually paying to you will not alter anything from your perspective. Convincing him to step up and pay his way is nothing to do with the IVA and is a family law matter. Jeopardising the IVA will only put the house at risk if he goes bankrupt .... which the IVA is protecting him from at the moment.
Unless you need to sell up, you are putting yourself through a lot of uneeded stress and anxiety with no prospect of being any better off in the end.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
I know it seems crazy but I’ve wanted to cut ties and move on with my life for years.. my family has extended and I need more room. I hate the thought of the control he has. Constantly giving me grief about how I decorate the property. Snooping in the house when I’m not home etc.. it does sound like i probably won’t gwt what I want but I have to try.
I can’t understand why the Iva company can dictate my half when it’s nothing to do with me.. he will have to change the Iva to another possession..
I hate how the whole Iva can control your whole life especially when it didn’t belong to me but the house does.
He pays nothing but I’m making his credit score better by paying and he’s just sat back making profit whilst in theory I’m
Clearing his debt..
it’s been hard work but I think after today I am finally getting somewhere.
Writing on here helps me too. I can offload
Haha..
Thank you
I know it must be frustrating, Jade. I hope you get it sorted sooner rather than later .... but that day WILL come. I belong to a single parents group and your situation is far from unique (even without the added complication of an IVA). Hang in there.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
.. very stressed. 