Can I stop paying mortgage when ex refuses to sell house

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  • Socajam
    Socajam Posts: 1,238 Forumite
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    Thrugelmir wrote: »
    Terrible advice. You have no idea what you are talking about. Very apparent that you've not gone through a similar situation yourself.

    OP , please be guided by your solicitor. Are they a family law specialist? If not consider moving to a legal practice which is. You and your daughter have considerable rights from the perspective of the courts. Expect a far better settlement than 50/50 of not just the equity in the property, but other assets. Including your husbands works pension.

    With regards to payment of the mortgage. If it's affordable pay it. At least ensure that your credit profile is intact. What you contribute can be reconciled at a later date.

    First of all you know nothing about me.
    Second, I went through similar situation and sat down with my Ex and we work out all the logistics before going to a solicitor.
    If only people use common sense before running to the legal profession who are in the business to make money at one's emotional expense.
    Solicitor will tell you X, Y and Z in order to delay the proceeding and at each junction, it;s the client who are going to be paying.
    As I said I was able to sit down with my ex and work through the proceeds of the property, came to an agreement and the money paid to the solicitor did not eat into my profits.
    Over the years, I was able to sort myself out and I have now been mortgage free for over 5 years, living abroad, whilst my property is making me money as a rental.
    All is takes is commonsense and to be rational about the whole things. During the process I had good days and bad days, but realize that at the end of the day it boils down to me looking out for me, because no solicitor will be doing that.
    All my friends thought I was crazy, but guess what when she went through the same thing, she took the same approach I did by sitting down and working through the splitting of assets with her now ex-husband.
    One can act out of anger or choose to be rational about the whole thing.
  • xylophone
    xylophone Posts: 44,393 Forumite
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    One can act out of anger or choose to be rational about the whole thing.

    The OP indicates that she left the property following domestic abuse - it may be that "sitting down with the ex" is not a safe proposition.

    You do not indicate whether there were any children involved in your situation.

    The OP may be going through a divorce very shortly and it may be that the courts would order a split different from 50/50.

    Legal advice from a family law specialist tailored to her situation would seem to be a very good idea.
  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
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    Socajam wrote: »
    All is takes is commonsense and to be rational about the whole things.

    Relationship breakdown isn't as straightforward to resolve for many people. I'd refer you to what the OP said in their opening post.
    He is now refusing to sell the house until I agree a 50/50 financial split.

    Not an uncommon occurence.

    As there is a child involved. The court will by default become their guardian. With the child's welfare the court's primary concern. Not as simple as one of the warring parties demanding X. The court ultimately can decide it's Y.
  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
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    Socajam wrote: »
    All is takes is commonsense and to be rational about the whole things.

    Relationship breakdown isn't as straightforward to resolve for many people. I'd refer you to what the OP said in their opening post.
    He is now refusing to sell the house until I agree a 50/50 financial split.

    Not an uncommon occurence.

    As there is a child involved. The court will by default become their guardian. With the child's welfare the court's primary concern. Not as simple as one of the warring parties demanding X. The court ultimately can decide it's Y.
    Solicitors are like parasites - only looking out for themselves.

    Family law solicitors are named as such for a very particular reason. Their objective is to ensure that the child receives a fair settlement in the event of divorce. As solicitors nor do they operate in an aggressive manner. Making every attempt to bring matters to a conclusion in the least stressfull manner possible for all involved. For many children the impact of divorce and other family difficulties. Can have a negative impact on them in later life.
  • csgohan4
    csgohan4 Posts: 10,587 Forumite
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    Socajam wrote: »
    First of all you know nothing about me.
    Second, I went through similar situation and sat down with my Ex and we work out all the logistics before going to a solicitor.



    What works for you doesn't work for everyone else as stated in the OP
    "It is prudent when shopping for something important, not to limit yourself to Pound land/Estate Agents"

    G_M/ Bowlhead99 RIP
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