Has anyone forced a house sale? costs?

jenijen27

Hi
I moved out of my marital home nearly six years ago and have been divorced for about 4 years.
I haven't paid anything towards the house since leaving.
My ex isn't in a position to take a mortgage in his own name (He has an IVA). Does anybody know what options I have in regards to getting rid of all ties to the house (and him!)
I feel like my life is on hold indefinitely as I can't move on and provide a secure home for my child while I am still tied to him/the house.

It doesn't help that my divorce solicitor was useless (and has gone bankrupt) and the financial settlement wasn't quite finalised in court before she went off the radar. (despite 3 or 4 versions of the settlement making it to court, the judge kept finding errors in them and thercore not approving them - not sure 'approving' is the correct word, but it will do!)

C_Mababejive

What did/does your prospective divorce settlement say about the ex marital home which your ex currently lives in? Are you a partial OWNER of the house? Are you registered to pay the mortgage?

RAS

The Law Society should be able to tell you where the files from your old solicitor have ended up. That may help get you back on track.

Have you spoken to your ex's Insolvency practitioner as I would expect them to be looking to release equity from the property?

jenijen27

Thanks
I'd have to dig it out to check exact wording, but it was something like, he has to make reasonable attempts over the next few years to release me or further action will be taken.
I am joint owner, on the mortgage and land register.
The IVA company have insisted that the mortgage is paid on an interest only basis. I assume so more funds are available to pay into the IVA.
There are also loans secured on the property. If the house was sold, there wouldn't be any equity, but everything would be paid off.

Thanks for your help

C_Mababejive

So your saying he is delaying the process? If so then you should be able to force the issue. Google TOLATA..

AdrianC

jenijen27 wrote: »

I moved out of my marital home nearly six years ago and have been divorced for about 4 years.
I haven't paid anything towards the house since leaving.
My ex isn't in a position to take a mortgage in his own name (He has an IVA). Does anybody know what options I have in regards to getting rid of all ties to the house (and him!)

So the mortgage is in joint names?
Is the house registered in joint names, too?
He's paying the mortgage entirely?

Right now, if he stops paying the mortgage, they'll come after you - you jointly own the house, and you are also responsible for the debt.

He'd need to get a mortgage in his own sole name, and get the house registered into his sole name. The second bit's the easy bit, if nobody'll give him a mortgage.

It sounds like the only way for you to get off the mortgage would require the house to be sold.

princeofpounds

Forcing an order for sale is likely to be reasonably cheap (ok, not that cheap but only just 4 figures would be my highly non-scientific estimate, cheap in terms of the cost of a house).

Your problem is going to be that it's actually bound up with a lack of a financial settlement in your divorce, which will probably cost a lot more.

Thrugelmir

jenijen27 wrote: »

There are also loans secured on the property. If the house was sold, there wouldn't be any equity, but everything would be paid off.

With no equity there's nothing to cover the potentially large legal bill.

Do you still contribute to the mortgage?

jenijen27

Thanks guys
Yes, everything is in joint names but I haven't contributed to the mortgage since leaving. He just pays the interest.
I guess I'm stuck then unless I can find a few grand (not likely on maternity leave or within the foreseeable few years) for legal fees

AdrianC

jenijen27 wrote: »

I guess I'm stuck then unless I can find a few grand (not likely on maternity leave or within the foreseeable few years) for legal fees

Even if you can - if he can't get a mortgage in his own name, the ONLY way you'll get off the existing mortgage is to sell the house, which'll require both of you to agree.

Just be thankful the place isn't in -ve equity...

Newstart2014

Hi


I'm actually going through something very similar. I divorced April last year, and left the martial home in Feb. The consent order was agreed by the court, and essentially we had to either sell, splitting the equity, give me a lump sum but take me off the mortgage and deeds, within 28days of absolute. I was ok to give him a little longer. The understanding was that he would take on the mortgage.


Well he gave me a lump sum (from his mother), and when trying to complete a Transfer of Equity with the lender it failed 3 times. All in the mess of this, a mortgage payment was paid late by 3 days. Purely due to the stress of divorce. This has shown up on the Credit agencies which I'm devastated about.


June I received the lump sum, but had a Declaration of Trust drawn up, stating that I had no liabilities to the house, and that after 6mths if he failed to remove me, it would go back to the clause in the Consent order to sell and split the equity.


Well 6mths have come and gone, and in that time I have found a property and had such trouble in getting a mortgage. The only issue is the late / missed payment. Credit reports all excellent.
So really stuck, but there may be a glimmer of light.


Ex husband basically said that he's been trying to raise the earnings of his brother, in order to do put him on the mortgage as he doesn't have enough affordability himself, so he's committing fraud (severed all financial ties from him a long time ago)


But I basically I'd had enough and submitted a D11 form to Family court stating my case. I should get a hearing in front of a judge (unless he/she sees fit to not need a hearing) I'm pushing for the house to be sold, and equity shared (minus my lump sum). I'm doing this myself. If it gets complicated I'll get a solicitor.
We have joint residency and finances (which he doesn't bother with) of our 15yr old daughter. And although her home, I've (we've) been with my mother for the last year. There is no way I'm just going to sit back and not get off the mortgage and on with my life.


Really hope you get some breakthrough with it, but it'll be harder with no agreed consent order before you divorced.