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Advise needed on difficult house situation

Davinav
Posts: 1 Newbie
Ok....it's a long story but the short version is:
Unmarried couple split after a domestic violent relationship. One child. Both names are on the deed for the house.
She currently lives in the house with her child and has accrued a significant amount of unsecured debt (credit cards, brorrowing from friends etc). She now wants to move as she wants to change her job and location. He is refusing to meet and can't agree a date to sit down and have a discussion, let alone agree to sign over the house or agree to sell. She's been asking for over a year now. She can't afford solicitors any more has spent all of last year and about £20k taking him to court after he hit her child. What are the options?
As far as I can see, there's defaulting on mortgage or bankruptcy. Or giving him a piece of paper to sign and by a miracle, he signs it. Hitting heads against brick walls here and the whole situation is fairly dire. The property has equity enough to clear the outstanding debt and perhaps some to spare. What happens to that profit if the mortgage is in default? (Mortgage payments can be made but at the moment only she is paying even though his name is on the deed and the intention is to save those mortgage payments to one side to pay back any default should this resolve). He currently supposed to pay £10 a week for child maintenance which never gets paid.
Help.
Unmarried couple split after a domestic violent relationship. One child. Both names are on the deed for the house.
She currently lives in the house with her child and has accrued a significant amount of unsecured debt (credit cards, brorrowing from friends etc). She now wants to move as she wants to change her job and location. He is refusing to meet and can't agree a date to sit down and have a discussion, let alone agree to sign over the house or agree to sell. She's been asking for over a year now. She can't afford solicitors any more has spent all of last year and about £20k taking him to court after he hit her child. What are the options?
As far as I can see, there's defaulting on mortgage or bankruptcy. Or giving him a piece of paper to sign and by a miracle, he signs it. Hitting heads against brick walls here and the whole situation is fairly dire. The property has equity enough to clear the outstanding debt and perhaps some to spare. What happens to that profit if the mortgage is in default? (Mortgage payments can be made but at the moment only she is paying even though his name is on the deed and the intention is to save those mortgage payments to one side to pay back any default should this resolve). He currently supposed to pay £10 a week for child maintenance which never gets paid.
Help.
0
Comments
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On the face of it the equity in the property needs to be split. Default assumption is 50/50, but if she has the child living with her she MAY get a more beneficial split. Then she needs to probably go to court to force a sale if she can't get him to be reasonable. Only then can she think about putting her share of the equity towards her debts.I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.0
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