Help! Outright transfer (divorce) but facing possession! part 1

[KELLY060479]

Im in a nightmare situation at the moment so would appreciate any help that I might be offerered.My husband suddenly left without word to me or our children to move in with a girl he met from the Isle of Wight online (we live in liverpool) last Oct. I filed for divorce last Nov but its been delayed until July this year cos my hband refused to provide an addresse (private investigator located him). There was an aggreement that my hband should pay the mortgage as child maintenance as I wasnt  working (but started work in May).

The mortgage is solely in his name, I was looking after out 1st child and wasnt working and we werent yet married so the mortgage went solely in his name. Cos of this the bank wont discuss the account with me so I could only assume he was paying.

However he hasnt paid a penny since he left. I found out when I received possession papers 2 weeks ago. The bank will stop the proceeding if the 2200 arrears are cleared, I could do this with my savings. Then persue an outright property transfer as part of the divorce. But I'm weary cos id be clearing arrears on a house that isnt legally all mine.

What should I do? Should I wait for the hearing, can the possession judge transfer ownership to me in light of the fact that I can clear the arrears and I have a matrimonial interest?. I also know for a fact that my husband wont attend the hearing cos hes too gutless to face me

Do I even have a chance of an outright propery transfer in the possession or divorce proceedings?. I think I deserve it because left to my husband the property would be repossessed in weeks with no equity to split.

Pls help!!!!!!

[Mrs_Pegasus]

What has your solicitor said?

I would assume that if the house is going to be part of the divorce there would be some way of notifying the courts of this?

Unless your ex put in writing he was going to pay the mortgage there is little that you can do because it would only be word of mouth.  However, I would hope your solicitor put into place something which committed him to this.

Your ex is playing a dangerous game because its his credit worthiness which would be damaged should the repossession go ahead but i urge you to speak with your solicitor ASAP.

[Andy008]

I would advise you to speak to a solicitor.

[Didwot]

The most important thing is to keep a roof over your, and your children's heads.
Assuming that you have solicitors acting for you in the divorce proceedings, tell them about the possession hearing. Make sure they register a Matrimonial Homes Act Notice against the title of the property.
The Possession hearing and the Divorce are entirely separate, and have nothing to do with one another.
I assume that you can afford to pay the mothly installments under the mortgage. I would recommend that you (and/or your solicitor) write to the Mortgagee and explain that you are in the process of getting divorced, that an application will be made in the Divorce Proceedings for a transfer of property order, and ask for the Possession Proceedings to be adjourned, and promise to pay the monthly installments in the meanwhile. If they agree you can go along to the Possession Hearing with a light heart. If they refuse then go to the hearing and explain it all to the District Judge and ask him/her to adjourn it on the same terms. As a last resort you can offer to pay off the arrears by monthly amounts. �100 per month should do the trick.
At the same time you need to press on with your application for financial relief in the Divorce. That will take about 6 months to be dealt with. Make sure that you are getting any benefits that you are entitled to, and the reduction in council tax. What you get in the Divorce depends on all the circumstances, and although an outright transfer is a theoretical possibility, it is impossible to guess you have any chance of achieving that. Your own solicitor should have a better idea.