I am separated from my husband we have an iva and a mortgage in arrears, I am paying my part of the Iva but my husband is not paying his half, I have recently filed for divorce and am waiting on him signing the divorce papers
Can I legally take the house on alone and separate my iva from him
First -- you are not in 'an' IVA --- you are each in your own IVA, but these have been made interlocking for administrative purposes. Ask your IP to seperate them. You will have a new I&E and the payment might change, if the arrangement is still viable.
How old is the IVA ? My marriage went south halfway through mine and was no longer viable, but, because of the extra payments I had made ( overtime and PPI ) creditors agreed to 'call it quits' and closed the IVAs down on payments to date.
Speak to your IP and explain the situation before the IVAs fail for underpayment.
Taking the house on will be a matter for the courts first, for possession, then the mortgage lender as to whether they will remove him from the mortgage. You need to take legal advice on this.
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
Iva is 3.5 years old
I’m currently living in the house with my son.
Currently on a second payment break due to covid. But obviously as the house is in joint names I’m worried we will lose our home, hence the reason I want to take it on