Co-owned property now in mortgage arrears due to other party not paying!! HELP!!

ryanx909

Densol said:

Comms69 said:

Densol said:

What an absolute nightmare !
what about gaining entry and a property company buying it quick to cover the outstanding mortgage ? 

Would still need exes agreement

It depends on the wording of the consent order
it would be relatively easy to apply back to the family court for the judge to sign the transfer if ex wont 

OP - you could probably muddle through that yourself 
finance solicitors suck you dry 

The order was written by the local magistrate so the application has to go through the county court which involves an initial application fee plus now an indefinite wait due to the current climate.

Comms69

ryanx909 said:

Densol said:

ryanx909 said:

Comms69 said:

Densol said:

What an absolute nightmare !
what about gaining entry and a property company buying it quick to cover the outstanding mortgage ? 

Would still need exes agreement

I have a court order that states I am in full control of the sale of the property so I believe that all that would be needed is a signature and failure to do that apparently we could petition a judge quickly on her behalf if shes purposefully trying to frustrate the order. My solicitor is pretty certain that she is locked out of all aspects of the sale because its unreasonable to allow her final say given her previous behaviour and the need for an order at all. Again, this is all up for discussion though because so far the court order has just muddied things further than provide any real clarity.

Aaah - good you have one 
the consent order should have been bullet proof - not muddling 

Absolutely should have been but as is likely often the case what appears to be exactly as it should be ends up being open to interpretation which has been problematic. The biggest issue is the time to go back to court and the cost when all she has to do is ignore it. Burden of proof is on me unfortunately - which I have - but it still doesn't and hasn't stopped her from defying it at every opportunity. It doesn't state explicitly that failure to comply has any immediate consequence as at the time of it's writing we both agreed to the terms and therefore there wasn't a need to have any enforcement written into it. I guess you don't expect to have to take someone back to court when they agree to everything that's being said the first time.

Failing to adhere to a court order is contempt of court - no need for specific wording

tom9980

you are likely to be awarded your costs too if you can prove it, this would come from her equity split. I would be wary selling it too cheaply as she may claim you did not get the best price available by selling normally.

[Deleted User]

ryanx909 said:

Densol said:

Comms69 said:

Densol said:

What an absolute nightmare !
what about gaining entry and a property company buying it quick to cover the outstanding mortgage ? 

Would still need exes agreement

It depends on the wording of the consent order
it would be relatively easy to apply back to the family court for the judge to sign the transfer if ex wont 

OP - you could probably muddle through that yourself 
finance solicitors suck you dry 

The order was written by the local magistrate so the application has to go through the county court which involves an initial application fee plus now an indefinite wait due to the current climate.

That doesnt make sense. Divorce financial consent orders are made by a Judge in the County court. Either by way of a consent order agreed by both parties which the judge basically stamps as long as its fair, or he makes an order by wag of a final hearing after hearing all the facts. 

Both orders should always have caveats in them as to what happens if one party doesnt do what they are supposed to. 

Then its taking it back to court to get the court to make it happen, which is basically the judge signing documents and ordering the sale to move on. 

In drafting consent orders, the solicitor must always look at it from a perspective that the other party may not comply - after all divorce is often contentious

Id be asking that solicitor the cheapest way to get out of that mess  

Comms69

Densol said:

ryanx909 said:

Densol said:

Comms69 said:

Densol said:

What an absolute nightmare !
what about gaining entry and a property company buying it quick to cover the outstanding mortgage ? 

Would still need exes agreement

It depends on the wording of the consent order
it would be relatively easy to apply back to the family court for the judge to sign the transfer if ex wont 

OP - you could probably muddle through that yourself 
finance solicitors suck you dry 

The order was written by the local magistrate so the application has to go through the county court which involves an initial application fee plus now an indefinite wait due to the current climate.

That doesnt make sense. Divorce financial consent orders are made by a Judge in the County court. Either by way of a consent order agreed by both parties which the judge basically stamps as long as its fair, or he makes an order by wag of a final hearing after hearing all the facts. 

Both orders should always have caveats in them as to what happens if one party doesnt do what they are supposed to. 

Then its taking it back to court to get the court to make it happen, which is basically the judge signing documents and ordering the sale to move on. 

In drafting consent orders, the solicitor must always look at it from a perspective that the other party may not comply - after all divorce is often contentious

Id be asking that solicitor the cheapest way to get out of that mess  

I know magistrates do hold family courts. So it could be correct. There may be more to this than we know. 

Thrugelmir

Have you tried the voluntary repossession route through your lender? 

John_

ryanx909 said:

Comms69 said:

ryanx909 said:

I haven't lived at the property for around two years. She claimed to have vacated on February 3rd but the evidence is such that she hasn't lived there since at least December.

If it's vacant, then just go change the locks?

Yes, but apparently I can't deny her access to the property as it's co-owned. Been here before and she just changes them back again. I appreciate what you're saying and this is why court or repossession is the only way forward.

If she doesn’t live there, and you have moved back in and changed the locks how is she able to get entry to change them back again?

[Deleted User]

Comms69 said:

Densol said:

ryanx909 said:

Densol said:

Comms69 said:

Densol said:

What an absolute nightmare !
what about gaining entry and a property company buying it quick to cover the outstanding mortgage ? 

Would still need exes agreement

It depends on the wording of the consent order
it would be relatively easy to apply back to the family court for the judge to sign the transfer if ex wont 

OP - you could probably muddle through that yourself 
finance solicitors suck you dry 

The order was written by the local magistrate so the application has to go through the county court which involves an initial application fee plus now an indefinite wait due to the current climate.

That doesnt make sense. Divorce financial consent orders are made by a Judge in the County court. Either by way of a consent order agreed by both parties which the judge basically stamps as long as its fair, or he makes an order by wag of a final hearing after hearing all the facts. 

Both orders should always have caveats in them as to what happens if one party doesnt do what they are supposed to. 

Then its taking it back to court to get the court to make it happen, which is basically the judge signing documents and ordering the sale to move on. 

In drafting consent orders, the solicitor must always look at it from a perspective that the other party may not comply - after all divorce is often contentious

Id be asking that solicitor the cheapest way to get out of that mess  

I know magistrates do hold family courts. So it could be correct. There may be more to this than we know. 

Not divorce finances at all 
only private and public children act cases 

ryanx909

Sorry, I guess I wasn't clear. This isn't a divorce issue - we were never married. It's simply a matter of a relationship breakdown and me using my right to call for the sale as the property is/was not being used for it's intended purpose which was us living there together. I have since purchased a new property and have no desire to live in this one for various reasons. I am all too aware that her not agreeing to it is contempt of court but as I said, locally, there is a months long wait plus the cost of returning and hiring representation which all has to be paid up front. now given the current climate the wait is indefinite and with her not paying her half and me not being able to afford the mortgage in full I need the quickest solution. It was never about making money on a sale I just need to debt to be gone. Had she agreed to sell two years ago when this all started, we would have both made a nice profit and just been able to move on but her behaviour has caused it to get to this point.

ryanx909

You don't need to be in the property to change the locks. Pretty much all that is needed is proof of ownership and any locksmith will turn up and drill the front door and gain entry for you. I've not moved back in and what happened after I changed the locks previously was that she involved the local police (without informing them of the order) and alleged that I had made her intentionally homeless, claimed they gave her 'permission' to change them back and did so of her own volition. My solicitor has since made them aware that this is a civil matter and as such they have no business being involved but it doesn't change the fact that she is able to do things like this and the onus is on me to have to pay for and wait (months) for an appearance and a judge to make a decision which may not actually go in my favour like last time. Originally we went for a vacant possession order knowing that without it this is the sort of thing that might happen. And here we are...