Advice needed please on mortgaged property

Cherrybear

Split from partner about ten years ago, we have four children youngest 12 oldest 18, ex partner still lives in property with children and I have been paying mortgage ever since but after selling two other mortgaged properties I owned and now living in rented property myself no assets left and no longer able to afford keeping two properties, she will not enter into any negotiations with me and the only way I can see situation being resolved is for property to be re possessed as she will not allow me to sell despite me offering her 50pc of proceeds (her name not on mortgage and she has/does not contribute towards mortgage at all)any advice would be appreciated

holly_hobby

What does the divorce/separation agreement state re the residence (baring in mind its the home of your children) ?

Holly

G_M

What are your maintenance obligations?

This is not a property issue - it is a family law/relationship issue.

Cherrybear

Hi we were never married and she chose not to have her name on mortgage, she has to my knowledge never worked in the twenty years I've known her and obviously she has been busy bringing our children up (I have no contact with them as the split was very acrimonious tbh I've had to tolerate a lot of verbal abuse etc from her when collecting the children and it wore me down eventually and I made the tough decision that it would probably be easier all round a nod cause less aggro for them as well as me)
I've through a solicitor made contact and offered her 50pc of the profit from the property but she refuses to go into mediation and says she just wants the property to be re possesses - tbh she appears to want to cause as much aggro to me as she can of course this costs me re legal fees when I use a solicitor and its now got to the stage where I am unable to afford even this I am now desperate and really don't want the kids to go through a trauma of having to be re housed and I just know she will use it to turn them against me even more and as kids they won't understand any advice is much appreciated with regard to utility bills I was paying them up til about five years ago but stopped obligations have never been discussed as such due to her refusal to discuss with me

Debt_Free_Chick

Would her 50% enable her to buy another property, outright?

holly_hobby

You don't have to let it be repossessed - which will affect you for a number of yrs (although CML repo register no longer operates).

You never married, apparently have no formal maintenance agreement in place, and have chosen to break contact with your children.

You appear unhappy she hasn't worked for a number of yrs - but do recognise that her role has been raising your children over that period.

You now want to sell the property, but are happy as a gesture to give her 50% of the proceeds, in exchange for her and your children to vacate and allow you access to the free equity and its sale .....

Is that correct ?

Although she is not named on the mge, so you don't need her permission to sell, she is resident - which means that turfing her out isn't as easy (unless she signed the consent to vacate disclaimer, reqd as a resident over 17 yrs whom was not party to the mge when it was effected).

If you sell, she could lay claim to unpaid maintenance over the yrs from your proceeds - which any family law solicitor would tell her do so I suspect.

Of course any Means Tested benefits either of you are on may be affected by what the eventual division of proceeds are.

You both need to speak to a Family Law solicitor, you have legal and moral obligations to your children, which need to be addressed as part of the current situ.

What a v sad situation for all ....

Best wishes

Holly s