Forcing a house sale while divorcing

edited 30 November -1 at 1:00AM in Marriage, Relationships & Families
4 replies 1K views
maisie-janemaisie-jane Forumite
67 Posts
Part of the Furniture 10 Posts
edited 30 November -1 at 1:00AM in Marriage, Relationships & Families
Hi, I wonder if anyone has gone through this or can offer advice.
I’m currently going through a divorce, I’m at the Nisi stage, and I had been trying to sell the family home as I cannot afford it’s upkeep. My ex has not lived there for a few years and contributes nothing to the mortgage. It’s a joint mortgage, his solicitor has told him he doesn’t have to pay.
He agreed at mediation to sell the house, I put it up for sale earlier this year, but he refused to sign anything to agree to the sale saying he did not approve and the sale fell through. He does not communicate with me at all, it’s all through solicitors so I’ve no idea why he would do this to his kids.
I have been told that I can get the sale forced by a judge, but has anyone done this, or have any idea how long it takes?
At the moment I’m just getting harassed by the mortgage company who aren’t that helpful even though I’ve asked them to reduce my payments they won’t. I just want to sell the house, my ex just wants to put me in poverty by not paying any mortgage or child maintenance yet at the same time not allowing me to sell.
I have a solicitor involved, I’m just after a timescale for this nightmare to be over and then I can move on with the kids.
Thanks

Replies

  • hazyjohazyjo Forumite
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    There was a recent thread, maybe here or on the property board. I'll try to dig it out. Unfortunately I'm sure it took years and cost a lot of money.


    If it's a joint mortgage, he is just as responsible for it. Have you seen evidence of what their solicitor says? Personally, I would threaten to ruin his credit record and refuse to pay at all until he either contributed or signed.


    Have you discussed child maintenance with the CSA? I'm sure it can be taken straight from his wages.
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  • hazyjohazyjo Forumite
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  • TBagpussTBagpuss Forumite
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    You need to make an application to the court for a financial settlement (apply using Form A) - the court's powers include the power to order a sale. Normally this only happens as part of a final hearing but it may be that you could apply for an earlier hearing and get permission to market the property, if the alternative is repossession. (The lender may be prepared to hold their hand on repossession if they can see you are actively marketing the property)

    in order to issue the application you will need the mediator to sign a form to say mediation has been unsuccessful
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
  • maisie-janemaisie-jane Forumite
    67 Posts
    Part of the Furniture 10 Posts
    Thank you for the advice.
    I have the forms to say mediation failed and the csa are on the case for collect and pay. He’s disputing the amounts at the moment.
    I have the letter from his solicitor saying he will pay maintenance instead of his half of the mortgage, but he doesn’t pay either.
    It’s frustrating as I had a first time buyer with no chain offer the full asking price and he objected. Hopefully it will not take years as it will have been repossessed by then.
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