Page 1 of 1
Posted: Mon Jun 09, 2008 1:10 pm
by andrew_w
Hello,
My sister has an IVA with her ex boyfriend. They have now split ( not amicably) my sister cannot afford to pay half the mortgage and IVA,as she has to now house herself, he lives in the jointly owned house. IVA payments according to the boyfriend have been missed for some months. The house is up for sale, why has the IVA not repossess? If the house does sell how much of the debt will the IVA take?
thanks for reply, my siister is burying her head in the sand.
Posted: Mon Jun 09, 2008 1:38 pm
by Julie
Hi Andrew - I'm not sure of the answer, hopefully an expert will come along and answer. Did your sister tell her IP about the separation? Surely her I&E and that of her ex would have changed due to the split?
She's lucky she has you for support - I would definitely tell her to approach her IP and explain the situation. She should also phone the mortgage company - if her name is still on the account she will be accountable for the non -payments etc.
Posted: Mon Jun 09, 2008 1:45 pm
by ianmillington
Hi Andrew
She needs to discuss this with the Supervisor, with a view to investigating whether the IVAs be varied to split them and, for that matter, whether it is in her interests to do so.
What option is right for her depends upon a number of unstated factors, including what she does for a living, her disposable income, whether there is any equity in the house etc.
To directly answer your qusetion, I imagine that the Supervisors powers will be limited to taking a restriction over the property, thus preventing unauthorised sale. It's highly unlikely that the proposal will contain anything that allows the Supervisor to take possession of it.
Ian
Posted: Mon Jun 09, 2008 3:25 pm
by andrew_w
thanks for reply, we have arranged a meeting with her supervisor this week.
thanks[:)]
Swans_girl wrote:
Hi Andrew - I'm not sure of the answer, hopefully an expert will come along and answer. Did your sister tell her IP about the separation? Surely her I&E and that of her ex would have changed due to the split?
She's lucky she has you for support - I would definitely tell her to approach her IP and explain the situation. She should also phone the mortgage company - if her name is still on the account she will be accountable for the non -payments etc.
Posted: Mon Jun 09, 2008 3:27 pm
by andrew_w
ianmillington wrote:
Hi Andrew
thanks, taken your advice and meeting this week, she seems to be wandering around in a jungle as the ex partner controlled everything.
many thanks
She needs to discuss this with the Supervisor, with a view to investigating whether the IVAs be varied to split them and, for that matter, whether it is in her interests to do so.
What option is right for her depends upon a number of unstated factors, including what she does for a living, her disposable income, whether there is any equity in the house etc.
To directly answer your qusetion, I imagine that the Supervisors powers will be limited to taking a restriction over the property, thus preventing unauthorised sale. It's highly unlikely that the proposal will contain anything that allows the Supervisor to take possession of it.
Ian