Ex not responding to letters

[scissorglitch]

Hi Can anyone give me some advice please. I have solicitor who is trying to sort out sale of property held in joint names, but ex won't reply to letters. He is not living at the property (neither am I), and it is being rented out by him. His mother has returrned the letters to her address (not known at this address), solicitor has sent on to the perty but they have either not forwarded it on or something else? He has ignored the letters solicitor sent to his work place too. Have you any ideas please,I don't have a phone number for him. I don't think the mortgage company will help due to data protection .

Thanks

Em

[cee-dee]

If you have a Solicitor on the job, surely they know what to do next rather than leaving it to you to find out?

[mitzigirl_123]

Solicitors employ what is known as a "process server" usually for Court documents but they can be used to serve any letter or correspondence.  If you or your solicitor know for sure the name and address of your husband's workplace, he can arrange for a "process server" to ensure the document/letter is handed directly to your husband or, a cheaper alternatively is to use one of the firm's "trainee solicitors" to do it.

[scissorglitch]

Hi cee-dee and mitzigirl,

Thanks for your quick replies, she has said it is up to me?, I am getting it on the legal aid type thing so maybe thats why? I willask her about the server thing too.

Thanks

Em

[mitzigirl_123]

Sorry, I meant to add that even if a letter is served directly on your husband it does not mean that he will respond.  He doesn't have to unless the letter contains a threat for Court action or that you are forcing a sale of the property.

Your solicitor is the best person to advise you of your options regarding this aspect but I fear that the Legal Help Scheme will not run to the sums required to carry this through.

[scissorglitch]

Hi Mitzi, yes the letter said that this could be dealt with voluntarily, but if this did not work then it would have to be a court order to force sale of the property. But all letters have been ignored. Its a nightmare.

Thank Em

[mitzigirl_123]

One thing you could ask your solicitor to check for you is to see if your husband notified the building society that he is sub letting the property and if he has registered as a landlord.

https://www.gov.uk/renting-out-a-property/landlord-responsibilities

If not, any buildings insurance will be invalid (should the tenants accidentally burn it down) also, your husband should be paying a higher mortgage premium. ?:|

That might spook him a bit! 😄

[mitzigirl_123]

[quote mid="18007264932"]

 But all letters have been ignored. Its a nightmare.

[quote]

If a letter is personally served on him then your solicitor has proof that he is in receipt of its contents and if he chooses to ignore it then they will have licence to proceed irrespectively!

[scissorglitch]

I'm sure the mortgage company don't know its being rented out, on all the statements it's the normal mortgage account we had for years. A letter was sent to the property as well but I assume he has warned them to ignore it as nothing from there either.  Should I write to the mortgage company and explain do you think?

Thanks

Em

[barbara.1482]

It would also be a good idea to get his signature too, if he's handed the letter.

[mitzigirl_123]

You better ask your solicitor first just in case you are held jointly liable even though you don't live at the property - ask her what comeback there could be on you.

The only way out of that is to say that you were unaware that the property had been let out and assumed that your husband was still in occupation.  Someone else on here might be able to advise further on this aspect? ?:|

As far as mortgage companies are concerned, irrespective of relationship break ups, the mortgage is held in joint names and both parties are jointly and severally liable for the repayments and protection of the property.

[scissorglitch]

Hi barbara

I have asked that she send the letters again and do them recorded, but whether it will make a difference or not?

Thanks

Em

[scissorglitch]

Thanks for the waning mitzi, don't want tos hoot myself in the foot! Will email her and ask.

Thanks

Em

[barbara.1482]

Hi barbara

I have asked that she send the letters again and do them recorded, but whether it will make a difference or not?

Thanks

Em

Hi there, I just thought it best if whoever delivered the letter got HIS signature, then he can't say he didn't receive it. 🙂

[scissorglitch]

She has just emailed me back and said it won't make a difference sending them recorded and to go for mediation, but how will that work if he won't reply? I'm confused now, do I have to wait for 19 years until the mortgage has to be paid off?

Thanks

Em

[barbara.1482]

Mm, Your Solicitor doesn't sound too helpful the whole point of sending 'recorded' is to prove the letter arrived at it's destination (his place of work) but then there is the problem of it getting lost~ if he himself didn't sign to say he'd received it.

Your Solicitor must have come across situations like this before, surely!

It sounds as if she's sat twiddling her pen hoping you do the running around for her.

If like you say the house is in joint names then he'd have to agree to put the house up for sale just as you would~ unless either party can afford to buy the other out.:-)

[cee-dee]

Who is actually paying the mortgage? Were you supposed to be contributing?

Is it being paid at all?

Is your ex (husband??) employed? Do you know where?

Questions, questions, questions. All are relevant as Mitzi will tell you.

Mitzi is poorly, give her a :-x

[barbara.1482]

And all the answers are relevant too I would have thought!

[mitzigirl_123]

"Mediation" or "ADR" Alternative Dispute Resolution is the preferred route nowadays especially for situations like this and most solicitors will push for it as it can speed up the legal process where both parties sit round a table and thrash it out and the mediator's role is to help you both reach a compromise leaving the solicitor the simple task of drawing up the legal papers and enforcing them.

You are right, if your husband is refusing to cooperate now, then he certainly won't want to attend mediation and I suspect that your solicitor is going through the motions of trying to correspond with him which is failing miserably and she should be adopting another way of delivering mail i.e. a process server.  The more letters she sends, the quicker your Legal Help funds will be used up and then you will have to apply for more and that can take some time.

Personally I would instruct my solicitor to go straight for the throat and force a sale.  All the time he is putting stumbling blocks on it this will not do him any favours in the eyes of the Court who will be forced to make a decision which will be very costly for him.

CD has raised several good points but I think the situation is that as long as the mortgage repayments are being met it doesn't matter who pays them even if it is the case that one party has made all the payments and the other hasn't contributed a bean!  Should the payments default then the mortgage company will come after both of you irrespectively.

I would imagine the mortgage is being paid because he is receiving and pocketing rent and it's not in his interests to lose the property which is probably why he is stalling about selling it - he's getting a second (undisclosed?) income!

And yes I am poorly :_| {{sniff}} so loads of these :-x are most welcome!  😄

[scissorglitch]

Hi, we are sharing the mortgage payment, and I have found out where he works via facebook and she has sent letter to him there but no response. I can't afford to buy him out, and don't mind if he buys me out or if the house goes on the market, but I don't won't to be tied to a house where  I lived with my ex,years ago, for another 19 years.I'd like to move on and have my own mortgage which I can't while tied to this. He's renting property out (don;t know who too but thats what his mother told mine)?

Thanks for all the advice mitzi hope your feeling better soon.

Thanks everyone else too

Em