We’d like to remind Forumites to please avoid political debate on the Forum.
This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.
PLEASE READ BEFORE POSTING: Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
Forcing house sale
mskiy123
Posts: 5 Forumite
Here is my story.
We jointly purchased the house in scotland in 2006 by putting 50% deposit each. In 2010 we separated and decree nisi was granted in UK in 2015.
We jointly have a 5 bedroom house in scotland on which we have a mortgage. I paid the mortgage from the beginning and continue to do so since not paying it will ruin my credit history and ruin any chances of me getting a job - I work in finance IT.
Both our names are on the deeds and the mortgage.
In 2013, my ex, under pretences of vacation, took the children to Mallorca, and refused to come back to UK. Since then I have been very accommodating with child support, payments for the house, visiting, etc, etc. 2 years ago I started process of formal divorce in spain and one of the things that is left over is the question of the house in Scotland. The reason why I started it in Spain and not in UK, is that I tried to continue doing the divorce there, but she was unresponsive - completely ignoring any court or attorney communications. In Spain - she has no choice.
The house in scotland has been empty for a considerable period of time simply because she has been leading me on with what she wants to do with it. 3 times she agreed to sell the house and 3 times it went all the way to offers only for her to take it off the market by not agreeing the sale. I do not want to rent it out, since it needs renovation after such a long time, but I am not willing to pay for everything any more.
There is also a new law that states that full council tax has to be paid for the 1st year and 200% for the next, etc. She is refusing to pay her share of the mortgage and any fees or council tax charges.
I want to sell the house and she does not. Is there anything I can do to force the sale? She is stating that she is not coming back to UK. And even if she was, the house is too big for her and 2 children. The children are now 12 and 11.
Can you please help?
We jointly purchased the house in scotland in 2006 by putting 50% deposit each. In 2010 we separated and decree nisi was granted in UK in 2015.
We jointly have a 5 bedroom house in scotland on which we have a mortgage. I paid the mortgage from the beginning and continue to do so since not paying it will ruin my credit history and ruin any chances of me getting a job - I work in finance IT.
Both our names are on the deeds and the mortgage.
In 2013, my ex, under pretences of vacation, took the children to Mallorca, and refused to come back to UK. Since then I have been very accommodating with child support, payments for the house, visiting, etc, etc. 2 years ago I started process of formal divorce in spain and one of the things that is left over is the question of the house in Scotland. The reason why I started it in Spain and not in UK, is that I tried to continue doing the divorce there, but she was unresponsive - completely ignoring any court or attorney communications. In Spain - she has no choice.
The house in scotland has been empty for a considerable period of time simply because she has been leading me on with what she wants to do with it. 3 times she agreed to sell the house and 3 times it went all the way to offers only for her to take it off the market by not agreeing the sale. I do not want to rent it out, since it needs renovation after such a long time, but I am not willing to pay for everything any more.
There is also a new law that states that full council tax has to be paid for the 1st year and 200% for the next, etc. She is refusing to pay her share of the mortgage and any fees or council tax charges.
I want to sell the house and she does not. Is there anything I can do to force the sale? She is stating that she is not coming back to UK. And even if she was, the house is too big for her and 2 children. The children are now 12 and 11.
Can you please help?
0
Comments
-
Are you actually divorced?
Have you consulted a solicitor in Scotland?
https://www.slatergordon.co.uk/media/2347003/land-disputes-a-guide-to-procedure.pdf0 -
And did you ever consult the courts about the removal of your children from the UK without your consent?0
-
"Action of division and sale" are the magic words.
Since she doesn't live there, she's got no grounds to object.
The value of the property is part of your divorce financial settlement.0 -
Yes, but the courts in spain are not as effective as they are in scotland/uk whereas they can not force people to leave country. She is a british citizen hence has a residency right to be in Spain after 6 months - that becomes 'habitual residency'And did you ever consult the courts about the removal of your children from the UK without your consent?0
This discussion has been closed.
Confirm your email address to Create Threads and Reply
Categories
- All Categories
- 352.1K Banking & Borrowing
- 253.6K Reduce Debt & Boost Income
- 454.2K Spending & Discounts
- 245.2K Work, Benefits & Business
- 600.8K Mortgages, Homes & Bills
- 177.5K Life & Family
- 259K Travel & Transport
- 1.5M Hobbies & Leisure
- 16K Discuss & Feedback
- 37.7K Read-Only Boards