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| keljac |
Posted - 11 July 2011 : 11:24:51
Hello. I'm going through a really difficult divorce settlement. Its nearly three years. In May last year my ex and I were in court to agree a consent order, he agreed to buy me out of the marital home 56 days after our divorce came through. We were divorced on the 18th September last year and two days before the 56 days were up and he was due to pay I recieved a letter from an estate agent saying that my ex wanted to sell the house. I had heard from neighbours that he was never going to pay and he wants to make me wait as long as possible as he doesnt want me to have anything. My solicitor suggested that we send a letter saying if he doesnt pay then he will have committed an act of bankruptcy, still no reply. We have now sent papers off to court to declare him bankrupt. How long will this take? The assets are the marital home worth 80,000 and a mortgage of 28,000. He agreed in the consent order to pay me 29,000. This has gone up to 30,000 as he owes interest on it every month. How will the OR go about getting the money? sell the house or auction it off? My solicitor is really unhelpful and seems to be dragging it out as I was on legal aid. Also I recieved a letter from legal services saying that they are now going to charge me interest on my legal aid claim which my solicitor ended on the day we signed the consent order. Is there anyway to claim this off my ex as it is his fault it has taken so long and I feel it isnt fair that I'm charged interest when it is out of my hands.
Thank you for your help.
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| 5 L A T E S T R E P L I E S (Newest First) |
| keljac |
Posted - 11 July 2011 : 17:59:52
He wanted to put the house on the market for 10 000 more than it is valued at. I disagreed with this so the house isn't on the market. He has said from the start that he is going to make me wait for the money for as long as possible til he pays me. |
| debtinfo |
Posted - 11 July 2011 : 17:44:40
usually a few months, it is a risk because the costs of the bankruptcy will be paid first but if you are sure that he has no other debts then it is a possible way of getting the money, setting all emotion aside are you sure he is trying to avoid paying, remember that it would be difficult fo him to obtain a remortgage these days to release the money and houses are also slow to sell, hve you checked if he has the property up for sale |
| RHB |
Posted - 11 July 2011 : 17:12:59
He can contest it & then a court would decide what payments he should make to you. |
| keljac |
Posted - 11 July 2011 : 16:59:17
Thank you for your reply. He has no other debts apart from the mortgage and what he agreed to pay me. There is more than enough equity to cover this. Does anyone know how long the bankruptcy process takes? |
| RHB |
Posted - 11 July 2011 : 12:34:50
If he's made bankrupt & has other debts you may not get all your money. I thought it would have been better to take it back to court but then I'm not a solicitor. |
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