Mortgage & divorce - here's a conundrum for you all

Jimcroisdale

Hi all,

Me and my partner currently have a sticky conundrum to deal with and nobody seems to be able to give us any sound advice, other than "Get a lawyer". Anyway, I'll explain the situation and let's see what you think!

My partner was married to her now ex husband and they had a house in Wales. They have a mortgage and a loan from the Welsh Assembly. Equity wise, the house is about square we think.

After the divorce, the house has remained in Wales (we live in Leeds) with a tenant covering the mortgage.

Now, let me make one thing clear at this stage. My partner's ex is a bitter, nasty piece of work who's sole mission in life is to make her miserable. I've never known anything like it. He won't let her have the house, he won't take it on, he won't sell it, and now (because we have managed to close the joint account and deal directly with the letting agent and pay the mortgage ourselves) he has gone to Wales and booted the tenant out.

All he wants is his iron in the fire so that he has some ammunition to cause grief for us. He lives at home with his mum so has no financial worries of his own, whereas we have recently bought a house and have 2 kids and a dog.

Many have suggested a clean break order, but this just doesn't work with this guy. He doesn't read his mail, doesn't answer the phone - just refuses to communicate. This seems to be enough to thwart anything that the courts decide. He's never paid out for the divorce - in fact he still claims that they are not actually divorced... The guy's mental. Anyhow, as you can see, he will do WHATEVER is required to make things hard - and he needs to keep the house, with the joint mortgage, to be able to do that.

How the hell do we get out of this? Do we stop paying the mortgage? Help!

Jim

AnotherJoe

I dont see any other alternative then but to get a court order to force a sale. Wont be cheap but worth the money.

ACG

If you stop paying the mortgage, it gets reposessed it then has to be declared. Also mortgage arrears will be on your partners credit report for 6 years.

You keep getting told to speak to a solicitor because thats what you need to do. There may be a way to force the sale in court but the only way you are going to find out is to speak to a professional.

Thrugelmir

AnotherJoe wrote: »

I dont see any other alternative then but to get a court order to force a sale. Wont be cheap but worth the money.

This is your only option.

If the matter does end up in Court. Without a valid, defence costs will be awarded against the ex. Judges hate having their time being wasted with petty squabbles.

Floxxie

Jimcroisdale wrote: »

Hi all,

Me and my partner currently have a sticky conundrum to deal with and nobody seems to be able to give us any sound advice, other than "Get a lawyer". Anyway, I'll explain the situation and let's see what you think!

My partner was married to her now ex husband and they had a house in Wales. They have a mortgage and a loan from the Welsh Assembly. Equity wise, the house is about square we think.

After the divorce, the house has remained in Wales (we live in Leeds) with a tenant covering the mortgage.

Now, let me make one thing clear at this stage. My partner's ex is a bitter, nasty piece of work who's sole mission in life is to make her miserable. I've never known anything like it. He won't let her have the house, he won't take it on, he won't sell it, and now (because we have managed to close the joint account and deal directly with the letting agent and pay the mortgage ourselves) he has gone to Wales and booted the tenant out.

All he wants is his iron in the fire so that he has some ammunition to cause grief for us. He lives at home with his mum so has no financial worries of his own, whereas we have recently bought a house and have 2 kids and a dog.

Many have suggested a clean break order, but this just doesn't work with this guy. He doesn't read his mail, doesn't answer the phone - just refuses to communicate. This seems to be enough to thwart anything that the courts decide. He's never paid out for the divorce - in fact he still claims that they are not actually divorced... The guy's mental. Anyhow, as you can see, he will do WHATEVER is required to make things hard - and he needs to keep the house, with the joint mortgage, to be able to do that.

How the hell do we get out of this? Do we stop paying the mortgage? Help!

Jim

I assume there is no consent order i.e. the financials were never sorted? In which case I would deal with this aspect and take it to court. There are plenty of people like him and yes it takes a while but does get sorted in the end.

DigForVictory

AnotherJoe wrote: »

I dont see any other alternative then but to get a court order to force a sale. Wont be cheap but worth the money.

^^ this, I'm afraid.

If you could reach out to the tenant to get their side, it might add useful ammunition, but if he's that big a chore, the tenant may prefer to remain under a rock than have anything to do with them.

Best of luck

upoiupou

Jimcroisdale wrote: »

Me and my partner currently have a sticky conundrum to deal with and nobody seems to be able to give us any sound advice, other than "Get a lawyer".

So, why not get a lawyer? You have described a very messy, messed up and difficult situation. I'm not sure what your resistance is to bringing in a lawyer to get it sorted.