Can I force my ex to sell the marital home to my new partner??

chiquit

Hi

During my divorce,I had a rubbish solicitor who advised me not to bother with a consent order as there neither of us had a assets apart from the house which didn't have any equity in it. She said that I would be spending money on solicitors fees to gain nothing as I probably wouldn't be able to afford to keep the house as a single parent anyway!

4 years later, and I have managed to keep the house, despite the Bank of Ireland increasing their SVR, still have no consent order in place and an IVA which I had to take out to stop (joint) creditors coming after my house.

My ex-husband remarried last September and I have now found a new partner that I would like to move in.

It's obviously all a bit of a muddle and I would appreciate any advice that anyone can give me, my main issues being:

Can I force my ex-husband to sell the house to my new partner (which would release him from the mortgage)?

Should I ask my mortgage company if I can remortgage with my partner (I'm thinking unlikely because of my IVA)

Should I try to settle my IVA early (with the help of my partner)

What should I include in a consent/financial order.

Lots of other things are buzzing around in my head at the moment so any options that you think could work would be gratefully received

Sinhanada

Have you asked your ex if he would sell to your current partner? That would be the first port of call rather than looking at trying to force the issue?

Kayalana99

If I was your ex I'd be glad to get the name off the house is their any assets in it now?

I think first port of call would be to talk to your mortgage company - as its all moot if they won't allow you to do it.

chiquit

I've called my ex this morning and told him we need to have a discussion about the house and he is going to call me later. I wanted to gather as my advice as possible before speaking to him.

My idea is to sell the house outright to my new partner as my credit rating is shot because of the IVA. He has already has been told he could get a mortgage for the property. The existing mortgage with the Bank of Ireland would be cleared.

chiquit

and no, there is little or no equity in the property at the moment.

Kayalana99

chiquit wrote: »

I've called my ex this morning and told him we need to have a discussion about the house and he is going to call me later. I wanted to gather as my advice as possible before speaking to him.

My idea is to sell the house outright to my new partner as my credit rating is shot because of the IVA. He has already has been told he could get a mortgage for the property. The existing mortgage with the Bank of Ireland would be cleared.

That'ss great then, so basicly you just need your ex to agree to sell the house.

Does it have any capital? I guess rightly its owned jointly and no agreement had been made about future equity so any profits should be spilt 50/50.... ?

Thing is it depends on how co - operative he is.... he might ask for more just cause he is holding the cards. If you have to go through the courts to force the sale it will cost you dearly...but yes it can be done.

itzmee

Are you going to be living in the property with your partner when he buys it - if so, is his mortgage lender aware of this? They may not be happy as you would have to sign a form to say you would not have any rights to the property in the event of any repossession, however as the current owner you have rights of occupancy. Your partner needs to check this out with his broker/mortgage lender.

chiquit

The only problems I foresee is that my ex will want to be awkward and insist on the house being sold on the open market rather than to my partner.

If my partner does buy, he is going to get a 'buy to let' mortgage and let it out whilst we live in one of his houses. He is a property developer so has a few buy to let mortgages already.

peachyprice

chiquit wrote: »

The only problems I foresee is that my ex will want to be awkward and insist on the house being sold on the open market rather than to my partner.

If my partner does buy, he is going to get a 'buy to let' mortgage and let it out whilst we live in one of his houses. He is a property developer so has a few buy to let mortgages already.

Why on earth would you want to go through the hassle if you don't even need it to live in rather than just sell the house on the open market? Seems like you're making trouble for yourself just for the sake of it.

Kayalana99

chiquit wrote: »

The only problems I foresee is that my ex will want to be awkward and insist on the house being sold on the open market rather than to my partner.

If my partner does buy, he is going to get a 'buy to let' mortgage and let it out whilst we live in one of his houses. He is a property developer so has a few buy to let mortgages already.

Maybe their is a way of doing this without telling him your partner is buying it?

chiquit

peachyprice wrote: »

Why on earth would you want to go through the hassle if you don't even need it to live in rather than just sell the house on the open market? Seems like you're making trouble for yourself just for the sake of it.

May seem like the easiest option is to sell the house on the option market but I have worked hard to keep hold of it and I suppose it has a lot of sentimental value too. Both of my children have only ever lived in this house and I would like to keep it in case we ever have to move back into it.