The mail that I received states that the consent they require is to have my name removed from the Deeds of the Property and liability regarding same also removed. They are stating the benefit to me is that I will no longer be liable for the debt or any negative equity attached thereto, and that my liability to the Mortage Provider will be finished.
Hi BrendanI would have thought that the biggest issue to be resolved here is that he pays proper maintenance for his children. I presume that as part of his proposed PIA, he is saying that he has to pay €10k a year for his two children. But he presumably doesn't pay anything like that.
When a couple with children separate, they usually do an agreement which covers everything and not just the children or not just the house.
You have a valuable card to play. You can either go into court and consent to the repossession or your solicitor can negotiate with him and get a proper formal legal agreement done up for the maintenance of his children.
Why did you and the children move out? Why did he not move out and leave you and the children in the family home?
It can be difficult to tell the full story in a public forum. You really need a solicitor to advise on what is the best deal for you.
If he refuses to pay you maintenance, you would object to doing any deal on the house, so he will never be able to sell it without your consent. At some stage, it will return to positive equity and you can insist on getting your share of it.
It's obviously much better if the two of you sit down and reach some agreement. But he seems totally irresponsible, so you should look after your own interests.
Brendan
Hi Brendan, so apparently a creditors meeting has been postponed in order to give me opportunity to seek legal advice. I do not qualify for legal aid, and really do not have money for solicitors. The Insolvency Group advised that in the Personal Insolvency Arrangement they are requesting that I be fully released from my liability to EBS and be removed from the Title Deeds. This obviously has to be approved by the Bank. Am I right in thinking they want my "consent" as co-borrower before the creditors meeting?I understand, but you have a fairly strong card to play as joint owner of the house.
But your solicitor should advise you best on how to play it.
I don't see why you should co-operate at all with someone who is not paying you proper maintenance.
Brendan
Thank you, good idea - I will write to the PIP.I am not a solicitor or a PIP, so I can't really advise any further.
I suggest that you write to the PIP and say that you will not be consenting without legal and debt advice and you cannot afford legal advice. However, if your ex pays you €1,000, you will take legal and debt advice.
Brendan
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