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

silvercar

Make very clear to webuyanyhome that you have no savings and the mortgage needs to be cleared, so if they drop the offer you have no option but to walk away. I suspect that they hope you will come up with funds so they can reduce their offer.

Comms69

Densol said:

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 

OP says partner not ex-wife

Comms69

ryanx909 said:

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...

This is a civil matter, the police would not have said much beyond - "this isnt anything to do with us".

She may claim they gave her permission, but in reality, the constable may have said something along the lines of what you said "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." 

steampowered

Could auction be a possibility?

Does she have any equity in the property? It is possible to get an order saying that any costs (e.g. solicitors' fees etc.) come out of her share.

As you have a court order, you could try another solicitor if you aren't happy with your current one.

TripleH

Just to add, if you do accept less than the value outstanding on the mortgage for the property, both you and your ex partner are jointly and equally liable for the whole amount (not just 50% each). If you are easier to find your lender will pursue you for the whole shortfall, what you might percieve as fair sadly won't apply.