Ex refusing to sign

Oeillade

I have finally managed to get an offer on my house, which I have accepted but my ex is refusing to sign the contract so that the sale can be completed.

We have a tenancy in common with me having put in all the deposit and he signed the declaration of intent to this effect so he won't get any money out of the sale. He signed the paperwork on the fixtures and fittings, etc but won't sign the contract now.

What can I do?

Thanks

hazyjo

Is he giving a reason?

Jx

Oeillade

Yes, he doesn't want me to move away from the area with our daughter. I have pointed out that I can't afford to move away, I have a job here and I would be unemployed anywhere else!

hazyjo

Are you both currently paying the mortgage? Could you threaten him with not being able to afford to pay and by not paying the mortgage, he'll end up with a black mark as well as you - say you don't give two hoops about you, but think he's being utterly selfish in risking his daughter losing a roof over her head. Keep calm, don't lose it, just say 'it's a pity' and that you hoped you could sort all this out amicably.

Probably not the facts, but surely wouldn't hurt to say as much...

Jx

Oeillade

No, he refuses to pay the mortgage on any house that he isn't living in, doesn't seem to care that his 3 1/2 year old daughter lives there! I won't be able to pay the mortgage much longer. I've been paying it on my own for the last 3 years since he left. It is an interest only, variable rate mortgage and I have been paying it with no problem whilst the rates are low but the mortgage company is already saying they can't sustain the low rates. I can't get enough mortgage on my own as I don't earn enough. He won't really care about the black mark as he has already been bankrupt.

Thank you for the advice though. I will try to keep very calm when he collects our lo on Sunday for contact and say exactly what you suggest.

x

hazyjo

Oh dear... not sure what else to suggest but wanted to wish you luck. Won't bang on about what I think - other than it's a shame it's got to that

Jx

G_M

If you stop paying the mortgage, he will be liable for it just as much as you.

If lender reposseses, how does that benefit him? You might still 'move away from the area'.

But it sounds more like spite than a real reason - is that possible?

There are ways to get a court order to allow you to sell - but you'll need legal advice.

dancingfairy

Further to GM's post I believe in some cases you can get a forced order of sale (I think that what it's called) - you could try the families and relationship board to see if others there have more info. Also I believe RAS knows more about this as well - you could always try PM'ing him/her? and see if they can help. or a soclicitor - you may qualify for legal aid?
df

Oeillade

Thank you, I will get some more legal advice on Monday.

Got a letter from his solicitor today. He wants to know my new address and moving date before he signs anything. I can't get a moving date until everything is signed and I can't look for somewhere else to rent till I know when I am moving. He has created a catch 22 situation.

Three years we have been split up and he still wants to tell me where I can live.

If the house is re-possessed, he doesn't loose any money, just me.

BitterAndTwisted

Ask your solicitor to convey that information to you OH's solicitor. They could also mention that being obstructive now could delay the sale or cost you your buyer altogether and that you have no intention of disappearing without a trace, that you understand how he is entitled to know the whereabouts of his child and you have no intention of preventing that either.

Oeillade

My solicitor is away on annual leave at the moment and I am getting letters from his solicitor saying I have to confirm that I have no intentiion of leaving the area! I faxed a letter yesterday saying that I had asked the estate agents to find me a property in the area and that still wasn't good enough for them! Another letter today to say that if I didn't confirm that I had no intention of leaving the area in the foreseeable future he wouldn't sign. I have pointed out by email today to the solicitor that I have no choice but to stay here as I have a job here. What else can I say? If I loose this buyer it could be another 2 years before I get another one and might loose even more money!!

Any ideas?

Thanks