Contempt of court…her or me? Both or no-one??
24 July 2020 at 11:23 am #42496
At court a very long time ago the judge ordered that I transfer my interest in property to ex’s sole name. That never happened and I know that I should’ve taken it back to court then but I couldn’t afford to and mentally I’d had my fill of court etc… so she has been paying the interest only on the mortgage for the last ten year’s, works full time and claims all benefits etc… I’ve suggested a few times over the last ten years that she should move out and allow me to move in, due to me not being able to work, disabled and claiming ESA/HB, but she refuses to even consider that (even though she sold her other house 5 yrs ago and could have potentially moved into her partners house) Her viewpoint is I don’t have any rights to the property only the 7% awarded at court. Obviously i am pretty sure that i own half of it…seeing as i never transferred my share. Three solicitors down and all had different advice.
1. Leave as is
2. Don’t bother taking this to court it will cost me 50k
3. Try and get her to pay me the 7% and transfer my share (added complication now of CGT)
She is not bothered about getting me off the mortgage because in the current situation is paying next to nothing for the mortgage being interest only. The mortgage is a Buy To Let & technically she should not be living in it – it should be rented out. She still insist that i will only get 7% & that she does not have to pay me until the eldest leaves education which could be another ten years!!
She was also fairly miffed a few months back about the fact that she cannot sell it (think the plan was she would sell hers (our’s) and he sell his and then they could buy something together)
So….latest is at the end of last year, beginning of 2020 the chap with whom she had an affair with all those ten years ago moved into the property and so I tried again to have a conversation with her about finances/mortgage. i don’t see why i should be housing him ? Yes i have an obligation to house my kids but in reality i am housing them twice….given that i rent my house privately & also that i have a share in a house i can’t live in or take rent from.
I thought she would be happy to get this sorted at last. WRONG!! She is laughing all the way to the bank every month so why should she want to change that!!! I can only change it by forcing it through the courts, trouble is there are so many different forms relating to this matter i don’t know which way to move forward?
She certainly now has no intention of moving out….it’s like the woman has decided to punish me for another ten years because she can’t get her own way regarding selling the property. I don’t want to be dealing with this for another ten years thank you very much….so much for a clean break ten years ago!!!
She still won’t budge on the amount of money (7%) also insists that I should be paying her maintenance and its obvious that I can’t afford it because i am on benefits and have zero income & i have my kids a lot of nights so i don’t have to pay her cms…..in reality i can’t afford much of anything after I’ve paid my rent and bills….and some months i am struggling to meet those.
Obviously now because it has been so long since court there is CGT! If I did transfer my half I would be liable apparently & I would have to pay HMRC tax on my 50% of 300k — that bill would far exceed the 7% which the court order states I own so that’s not really an option. Still not convinced that i own 7% & am pretty sure its 50%? Who bloody knows though??!!?!?
Given that she failed to transfer to her sole name i am of the opinion that she is in contempt of court & that I still own half… As you can imagine the ex is not in agreement.
Its a nightmare if I am honest – I’ve become seriously depressed, financially stretched beyond belief ( she still won’t entertain me claiming for one of the kids) and am seriously confused about how the hell do i sort this mess out? Or do i just take the advice of solicitor number one and do bugger all about it? Any advice or guidance would be extremely appreciated.
Many Thanks24 July 2020 at 1:26 pm #42497
Sorry, I don’t understand the confusion.
At court a very long time ago the judge ordered that I transfer my interest in property to ex’s sole name.
If the judge orders you to do something, don’t you have to do it or go back to court?24 July 2020 at 6:07 pm #42500
I suggest that you get yourself off the mortgage and cut your losses. It is illegal to live in a buy to sell property because the interest rates are different!! If you are not paying towards the mortgage then you are not paying 2 bills.
If she was not co-operatung you should have gone back your legal team. You can write to the bank and tell them you want to come off the property then she can buy you out! You have only got yourself to blame for ignoring the judges decision8 August 2020 at 11:40 pm #42815
The paperwork was not into her sole name – she added another party to the mortgage going against the judge’s order. This is the reason i did not sign the transfer….maybe that was stupid of me but i refused to on principal. This means that she deliberately did not follow the order. I wrote to the judge explaining this and i was advised to consult with solicitors etc…
Given that i had spent 20k over 18 months fighting to see my kids more then was being offered by the ex i had no funds left to continue further with any solicitors.
If i had all those years ago decided to take it back to court to force a sale through the courts then i would potentially be making my children homeless, plus i am obviously pretty sure that they would not force a sale because she has the children living there with her.
She still refuses to pay me any money for transferring my share all these years down the line & insist that i will only get 7% of the value as of 2011.
It was in fact something the judge commented on at the final hearing. He made it very clear that it was very unusual for a person to obtain property without paying for said property!
The way i see it she has prevented me from transferring my share by adding another party to the mortgage. If she cant afford to buy me out then it should be sold, trouble is having the kids there means a court probably wont agree to a sale.
Surely i am within my legal right to seek occupational rent via tolata seeing as i was forcibly removed by the judge at the final hearing? Like i said earlier – i agreed to transfer into her sole name, she then refused to pay me for my share of the property which did not please the judge at all.
Should i even bother with a return to court now after all these years?
Given that she still refuses to pay me if i did transfer my share, plus the fact that i will probably be hit with CGT, plus the fact that ive not had any rent from her for the last ten years, plus the fact that there is no interest on my share of the property for the last ten years.
It is all rather complicated and i have no idea how to resolve it other than to just transfer my share to her and the other party. Which incidentally would leave me with no money from her for giving her my share of the house and a fecking massive CGT bill for selling my half of a 300k house!!!
Apologies for the long post!!