Selling with a joint mortgage whilst ex resides in the property

kingstreet

You mention only that you have a joint mortgage.

Is the property jointly owned?

xylophone

You might give your eldest a letter to pass to his mother explaining that as your sons are now adults who have finished their formal education, you wish to sell the property so that you can both get on with your individual plans for the future.

You might suggest that you meet to discuss how to market the property.

Do you own the house as joint tenants or tenants-in-common?

Emmamarsh

Yes, it is jointly owned

macca1974

I'd say that you could be in for a long old fight to be honest. Your ex is living rent free with your three sons and probably believes that you should be paying for them...if she doesn't work then she knows full well that selling up will be completely against her (and to be fair your sons) interests and she owns the house 50/50 and you are covering the mortgage. She has every right to live there as do you.

As far as i'm aware, the only way to force a sale would be through a court order and this will take quite a while to get and will cost you lots of money through a solicitor. But I suspect if your ex doesn't want to leave the house then it will be your only option. I'd go to a solicitor for a free introductory chat.

kingstreet

Emmamarsh wrote: »

Yes, it is jointly owned

Right.

So, it's negotiation and amicable agreement, or it's legal/court order route.

ladymarmalade222

I had a similar situation and had to take the legal route as he would not answer letters etc.

I am sorry to say if she makes things awkward you are in for a long ride. It took 4 years to get possesion and selling it took longer too. The legal costs were around 10k which the judge ordered him to pay as he failed to turn up at two court appearances.

It was one long stressful period especially as my son was seriously ill going through 3 years of chemo and I had to hold it all together.

Good luck

Xx