Selling home my Ex Wife lives in

Elbeef

Hello All,
My ex wife and I split last August and I left the family home in September 2019. We are now divorced and there is an ongoing battle with the house. I want to sell but my wife wants to stay. There is debt on the mortgage and out credit scores have been impacted by this. We had the house valued by 3 agents but she does not want to sell. The finances are in a poor state but she keeps coming up with asking for more time and to remortgage, which will be very slim.
I have had enough now and want to shock her into action before taking to the courts as it will be far too costly for either of us.
I want to contact the agents and ask one to go around, take photos and put it on the market without her knowledge. It's more of a prompt to action but the question I have is can I legally do this. Will this backfire on me if we go to court. I know the response will not be favourable and want to know my rights. There is a real risk of losing the house as there has been a lot of contact with the bank.
Is mediation the best route first?
Any help would be appreciated, thank you.

cii4ps

Joint mortgage/ownership? Also what was agreed as part of the divorce?

Elbeef

Yes, joint mortgage/ownership. We haven't got as far as writing consent but a 60:40 split has been verbally agreed in her favour. It was agreed verbally that she was to stay in the home and pay the mortgage

Thrugelmir

Consult a family law solicitor as you need to have a financial consent order drawn up. Do you have any children and if so who do they live with?

cii4ps

Elbeef said:

Yes, joint mortgage/ownership. We haven't got as far as writing consent but a 60:40 split has been verbally agreed in her favour. It was agreed verbally that she was to stay in the home and pay the mortgage

That’s going to get complicated. You’ll need to speak a solicitor specialised in this subject.

As for intimidation tactics, I’m not an expert on that, but there’s a few lovelies on this forum who’re quite good at it. Maybe they can advise. 

Elbeef

Thanks the the replies.
Have read these and will contact a solicitor for some advice. It looks like a bit of a minefield and I don't want it to come back and bit me.

getmore4less

Elbeef said:

Yes, joint mortgage/ownership. We haven't got as far as writing consent but a 60:40 split has been verbally agreed in her favour. It was agreed verbally that she was to stay in the home and pay the mortgage

Is that happening?

Why did you move out an not her?

Can you move back in.

As the occupant she has all the cards even if you get a court order it is easy to put off any buyers so they just don't offer or offer that is worth the pain of non motivated sellers.

What incentive is for her to agree the sale? 
That's what you need to change

[Deleted User]

You never answered the question
are there minor children involved ? 

Chumy

Time to move back home
You are both likely to want to be rid of each other quicker that way and everyone will do their part ASAP

ElizabethRose

I want to contact the agents and ask one to go around, take photos and put it on the market without her knowledge. It's more of a prompt to action but the question I have is can I legally do this. 

Every estate agent I had round recently asked who owned the house or was on the mortgage and took my husband's details. They were all clear my husband would need to sign the paperwork prior to putting it on the market so no you can't. 

Whilst you might frustrated this needs to dealt with in line of the divorce. As others have said if children are involved it's very different. 

blue_max_3

This is exactly why a divorce should include a financial agreement. By kicking the can down the road, you are now in this position. Going to court now is going to cost far more. 
The choice is persuasion or legal action. But from what you have said, with finances is a bad way, she might struggle to find alternative accommodation. I'm not surprised she doesn't want to sell. 
You agreed to let her stay if she paid the mortgage. Do you know why she is struggling? They can legally come after you for the money anyway, so why don't you contribute to get it back on track. Have a record as a loan to her. It may be cheaper than getting into conflict and eventually selling at rock bottom. Hopefully in time, she will get herself together and the house can be sold in the future, when values have recovered.