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can ex wife force sale of house
Comments
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Your purchased a property with you wife (at the time). Is she named or not? I assume she is. Is she named on the mortgage too?
When you divorced in 2008, was there absolutely no reference to financial arrangements? I believe it may be called ancillary relief.
If your ex is named as an owner, and finances were not agreed at the time then I strongly suspect she has entitlement to a share of the asset (along with other considerations, ie loans, pensions etc)
How did you anticipate her interest in the property to be dealt with?
I also assume you have not remortgaged/reviewed the mortgaged during the 10 years, as you would have surely needed her involvement?
Whilst I note your comment about not being able to afford £75, a rented property over 10 years MUST mean there is some equity in the property. What did the IVA administrator advise?0 -
Whether she was a joint owner (JT or TiC?) or not doesn't make a huge amount of difference - the property would clearly have been an asset of the marriage, so part of any divorce financial settlement.
It would be relevant if the OP had the finances elsewhere to agree a settlement without selling - since she cannot force the sale of a property she isn't part-owner of. But since the OP's in an IVA, that seems unlikely.0 -
Whether she was a joint owner (JT or TiC?) or not doesn't make a huge amount of difference - the property would clearly have been an asset of the marriage, so part of any divorce financial settlement.
It would be relevant if the OP had the finances elsewhere to agree a settlement without selling - since she cannot force the sale of a property she isn't part-owner of. But since the OP's in an IVA, that seems unlikely.
Asset of the Marriage - I didn't think of that. Does the length of the marriage have a bearing on this too?0 -
TBH, I think the key to that is in the dates - bought 2006, divorced 2008. Massive negative equity at the time, by any chance?0
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Would her other house be included now in any financial settlement as any pensions would be?0
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