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Forcing the Sale of a House that Ex is occupying
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Self sufficiency, renting, buying a cheaper place, raising money. His problem.0
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Lover_of_Lycra wrote: »How was the house dealt with during the divorce?
Where does a CCJ come into forcing the sale of a property? A CCJ is for debts owed.
I get this is a money saving website but sometimes it's a false economy to attempt to DIY things. If you think hiring a professional is expensive just wait until you hire an amateur.
Quite so.
"If you think it's expensive to hire a professional to do the job, wait until you hire an amateur." -- Red Adair0 -
Even with a court order the occupant has the upper hand.
You still need to find a buyer and the occupant can make that very difficult.
Motivation is the key to resolving this sort of issue.
What will it take to have ex sell or buy her out.
How much money would she be due from a sale?0 -
Not married, so none of the legal protections that come with marriage. How did they own the house? Joint tenants, tenants in common? Any deed of trust? Who paid the mortgage?
This is going to be messy.
They own the house as Joint Tenants. They both paid the mortgage until she left 6 years ago after which she settled up her half of the remaining debt and was removed from the mortgage but NOT from the Title Deeds. No deed of trust at all.0 -
lemonreptile wrote: »Self sufficiency, renting, buying a cheaper place, raising money. His problem.
Likewise it's between your wife and her ex to sort out, not yours.0 -
lemonreptile wrote: »They own the house as Joint Tenants. They both paid the mortgage until she left 6 years ago after which she settled up her half of the remaining debt and was removed from the mortgage but NOT from the Title Deeds. No deed of trust at all.
Should have put a deed in place when paying off part of the mortgage to secure her equity
The remaining mortgage gets removed before splitting any equity.
Ex could probably increase the debt without her permission.
6 years chances of a CGT liability.
Might want to sever the Joint tenancy, if she dies he gets the house and you lose a big chunk of transferable nil rate band.
There will be much more to this than just forcing a sale,0 -
getmore4less wrote: »Should have put a deed in place when paying off part of the mortgage to secure her equity
The remaining mortgage gets removed before splitting any equity.
Ex could probably increase the debt without her permission.
6 years chances of a CGT liability.
Might want to sever the Joint tenancy, if she dies he gets the house and you lose a big chunk of transferable nil rate band.
There will be much more to this than just forcing a sale,
The OP says there's not mortgage so it looks as if his wife and her ex paid it off between them,0 -
lemonreptile wrote: »They own the house as Joint Tenants. They both paid the mortgage until she left 6 years ago after which she settled up her half of the remaining debt and was removed from the mortgage but NOT from the Title Deeds. No deed of trust at all.
Can you expand on this. Your partner paid up her half and the ex paid his half so there is no mortgage, or your partner paid half and left the ex to continue to pay a smaller mortgage in his name only?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 -
Slow to move on, your wifes problem. Its your choice if you want to offer help.lemonreptile wrote: »Self sufficiency, renting, buying a cheaper place, raising money. His problem.
Quoting helps us know what you are responding to.0 -
getmore4less wrote: »Even with a court order the occupant has the upper hand.
You still need to find a buyer and the occupant can make that very difficult.
Motivation is the key to resolving this sort of issue.
What will it take to have ex sell or buy her out.
How much money would she be due from a sale?
She’ll end up with between £50k and £60k. I doubt he’d be able to raise that as an additional mortgage. Selling the property looks like the only way forward. He’s not remotely motivated. He has a weird sense of entitlement.0
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