Refusal to sell or buy out after split

nicf_2

My sister has recently split from her husband and it wasn't a very nice split to say the least. Aside from refusing her entry to their house, changing the locks etc he is refusing to put the house on the market or buy her share. I have searched countless sites regarding this but am not turning anything up. She has spoken to the mortgage holders but they are not being very helpful. Does he have her over a barrel or is there something she can do?

poppysarah

She's going to have to see a solicitor.

Can he afford the mortgage on his own? Is he making payments?

nicf_2

She has a solicitor at the moment who has assisted her is some ways but she doesnt seem to be getting anywhere with this, i dont know if this is the solicitors fault or just the my sister doesnt know her rights and what to ask for/about. She doesnt really like to talk about the situation as she then gets all worked up and upset, its still pretty raw i think. Which is one main reason i decided to do some digging in the hope i could find out some sound advice for her.

They are both still paying the mortgage at the moment but it is becoming increasingly difficult for her to afford this as she moved out the house and obviously now has living costs of her own.

the_rottweiler

My friend was told by her solicitor that she was not allowed to change locks until she had bought her ex husband out
This meant he was strolling into the house anytime, I also know a couple of others who were advised this by solicitors

poppysarah

Well get her to write a list of questions and take it with her - you go to - and get answers.
Questions are:

1. Is she allowed acces to the house
2. how can they ensure this
3. Should she stop patying the mortgage
4. How can she force him to sell the house
5. Can she buy him out?

The problem is she may well end up paying a mortgage on a property she can not access or sell. If she doesn't stop paying the mortgage (And nothing says it's over like not paying the mortgage) then he'll carry on living there and ignoring her.
If he agrees to sell and keeps living there he'll be a PITA if he's not tidy and encouraging viewers etc.

Caz3121

My ex did the same when I left apart from 2 differences
refused to let me back into the house without him being present - as if I would be so stupid after ending up with stitches in my head from the last time I was there!
he also did not pay anything to the mortgage...
It took 18 months of backwards and forwards but I had to serve a writ to force the sale through the courts. (he received the writ and decided to play ball)...never did go back to the house to get other belongings - not worth the hassle

RLH33

My friend is going through a divorce at the moment and she has been told that she cannot change the locks or refuse to allow her soon to be ex-husband into the house as he still owns half.

I think this is a bit crazy to be honest as he can just walk in without notice and has been known to move all his stuff back into the wardrobes after she had packed it all up and put it in the garage after he refused to pick it up.

However with regard to your sister it sounds like her ex is out of order. Get her to speak to a competent divorce solicitor if her existing one isn't getting far.