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    • Emmamarsh
    • By Emmamarsh 5th Sep 17, 6:53 PM
    • 6Posts
    • 0Thanks
    Emmamarsh
    Selling with a joint mortgage whilst ex resides in the property
    • #1
    • 5th Sep 17, 6:53 PM
    Selling with a joint mortgage whilst ex resides in the property 5th Sep 17 at 6:53 PM
    Hi, I've a complicated query.
    I separated from my ex two years ago. We have a joint mortgage. My youngest son was at college at the time so I said that I'd pay the mortgage until he left college, that was this July. He is 20 yrs old.
    My ex does not work and has no income.
    I need to sell now, I've met someone else and want to move forward with her however I'm currently paying over £1100 per month on my mortgage.
    My ex will not respond to texts, phone calls and when I've gone over she has been out.
    I'm worried about where I stand and how on earth I can move forward with this.
    I'm happy for the property equity to be split, I just want to get it on the market.
Page 1
    • -taff
    • By -taff 5th Sep 17, 7:14 PM
    • 7,348 Posts
    • 4,778 Thanks
    -taff
    • #2
    • 5th Sep 17, 7:14 PM
    • #2
    • 5th Sep 17, 7:14 PM
    Go and see a solicitor
    • steampowered
    • By steampowered 5th Sep 17, 7:33 PM
    • 1,694 Posts
    • 1,619 Thanks
    steampowered
    • #3
    • 5th Sep 17, 7:33 PM
    • #3
    • 5th Sep 17, 7:33 PM
    You can put the property on the market and invite estate agents round.

    Once you have got a valuation and your ex knows he/she will get around £xxx from the sale, that might motivate them to co-operate a bit more.

    However you won't be able to exchange contracts unless your ex signs on the dotted line, as your ex needs to approve the sale.

    If you can't get your ex's approval, you would need a court order.
    • G_M
    • By G_M 5th Sep 17, 9:19 PM
    • 41,087 Posts
    • 47,233 Thanks
    G_M
    • #4
    • 5th Sep 17, 9:19 PM
    • #4
    • 5th Sep 17, 9:19 PM
    Married? Surely this should be (or should have been) dealt with as part of the divorce settlement.
    • FBaby
    • By FBaby 6th Sep 17, 8:14 AM
    • 15,813 Posts
    • 39,532 Thanks
    FBaby
    • #5
    • 6th Sep 17, 8:14 AM
    • #5
    • 6th Sep 17, 8:14 AM
    You need to prepare for a possible fight. You can put on the market, but what happens when she doesn't let the EA in, let alone prospective buyers?

    You do have a right to access the house, but what if she changed the locks? You can change them again but.... well, it all gets very messy, so really, your best move is to continue to try to communicate with her. She is probably burying her head in the sand because she is scared of the future. She will need to face the reality, but the gentler you approach this, the more likely she will accept that she needs to take actions to support the sale.

    Alternatively, you'll have to take her to court, and likely win if there are no more children residing in the house, but that would be costly, most likely for both of you for what will likely be an inevitable outcome, so she needs to realise that she has nothing to gain from ignoring the situation hoping it will go away.
    • enthusiasticsaver
    • By enthusiasticsaver 6th Sep 17, 8:22 AM
    • 4,265 Posts
    • 7,717 Thanks
    enthusiasticsaver
    • #6
    • 6th Sep 17, 8:22 AM
    • #6
    • 6th Sep 17, 8:22 AM
    It is still your property so you can sell it any time you want but your ex will need to vacate it. Are you actually divorced? Unfortunately to force the issue you may need to stop paying the mortgage if she will not cooperate but this will trash your credit record, lead to repossession and probably loss of equity depending on the LTV.

    Ideally you would talk to her and get her agreement but to be honest a woman with a 20 year old son who does not work is probably concerned as to how she will survive. Has she never worked or is she between jobs?
    Countdown to early retirement on 21.12.17 3 months to go.
    • xylophone
    • By xylophone 6th Sep 17, 9:00 AM
    • 22,881 Posts
    • 13,243 Thanks
    xylophone
    • #7
    • 6th Sep 17, 9:00 AM
    • #7
    • 6th Sep 17, 9:00 AM
    Are you in contact with your son? Does he still live with his mother?
    • Emmamarsh
    • By Emmamarsh 6th Sep 17, 1:54 PM
    • 6 Posts
    • 0 Thanks
    Emmamarsh
    • #8
    • 6th Sep 17, 1:54 PM
    • #8
    • 6th Sep 17, 1:54 PM
    We are not married
    • Emmamarsh
    • By Emmamarsh 6th Sep 17, 1:57 PM
    • 6 Posts
    • 0 Thanks
    Emmamarsh
    • #9
    • 6th Sep 17, 1:57 PM
    • #9
    • 6th Sep 17, 1:57 PM
    My ex and I are not married, my sons of 20,22 and 26 yrs of age are living there temporarily for now. We are joint mortgage holders but I've made all the payments since the split two years ago.
    • Emmamarsh
    • By Emmamarsh 6th Sep 17, 2:02 PM
    • 6 Posts
    • 0 Thanks
    Emmamarsh
    Xylophone, yes, I'm in contact with all three of my boys.
    • agrinnall
    • By agrinnall 6th Sep 17, 2:50 PM
    • 18,434 Posts
    • 14,147 Thanks
    agrinnall
    It is still your property so you can sell it any time you want...
    Originally posted by enthusiasticsaver
    Not so, the sale cannot be completed unless the ex signs the paperwork, whether they are still in the property or not. If the ex refuses then the OP will have to obtain a court order to sell.
    • kingstreet
    • By kingstreet 6th Sep 17, 3:49 PM
    • 31,939 Posts
    • 17,070 Thanks
    kingstreet
    You mention only that you have a joint mortgage.

    Is the property jointly owned?
    I am a mortgage broker. You should note that this site doesn't check my status as a Mortgage Adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice. Please do not send PMs asking for one-to-one-advice, or representation.
    • xylophone
    • By xylophone 6th Sep 17, 4:54 PM
    • 22,881 Posts
    • 13,243 Thanks
    xylophone
    You might give your eldest a letter to pass to his mother explaining that as your sons are now adults who have finished their formal education, you wish to sell the property so that you can both get on with your individual plans for the future.

    You might suggest that you meet to discuss how to market the property.

    Do you own the house as joint tenants or tenants-in-common?
    • Emmamarsh
    • By Emmamarsh 7th Sep 17, 1:55 PM
    • 6 Posts
    • 0 Thanks
    Emmamarsh
    Yes, it is jointly owned
    • macca1974
    • By macca1974 7th Sep 17, 3:10 PM
    • 213 Posts
    • 185 Thanks
    macca1974
    I'd say that you could be in for a long old fight to be honest. Your ex is living rent free with your three sons and probably believes that you should be paying for them...if she doesn't work then she knows full well that selling up will be completely against her (and to be fair your sons) interests and she owns the house 50/50 and you are covering the mortgage. She has every right to live there as do you.

    As far as i'm aware, the only way to force a sale would be through a court order and this will take quite a while to get and will cost you lots of money through a solicitor. But I suspect if your ex doesn't want to leave the house then it will be your only option. I'd go to a solicitor for a free introductory chat.
    • kingstreet
    • By kingstreet 7th Sep 17, 4:02 PM
    • 31,939 Posts
    • 17,070 Thanks
    kingstreet
    Yes, it is jointly owned
    Originally posted by Emmamarsh
    Right.

    So, it's negotiation and amicable agreement, or it's legal/court order route.
    I am a mortgage broker. You should note that this site doesn't check my status as a Mortgage Adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice. Please do not send PMs asking for one-to-one-advice, or representation.
    • ladymarmalade222
    • By ladymarmalade222 7th Sep 17, 8:46 PM
    • 607 Posts
    • 552 Thanks
    ladymarmalade222
    I had a similar situation and had to take the legal route as he would not answer letters etc.

    I am sorry to say if she makes things awkward you are in for a long ride. It took 4 years to get possesion and selling it took longer too. The legal costs were around 10k which the judge ordered him to pay as he failed to turn up at two court appearances.

    It was one long stressful period especially as my son was seriously ill going through 3 years of chemo and I had to hold it all together.

    Good luck

    Xx
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