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Ex-husband won't sell house jointly owned without mortgage

I'm hoping someone can help me please. As you can see I have chosen the username mug because that is what I am. 
I left my husband after 25 years of marriage with a house fully paid for taking only my personal possessions. We got a divorce in 2013, which I instigated without any solicitors involved as my ex would not pay for a solicitor for himself so this was the most amicable route as we had 2 grown up children who I didn't want to upset. Luckily I ticked the box to say that assets would be split at a later date on the divorce application. I now am remarried and would like to sell the house to move on with my life and cut the final ties. 
My question is how quickly can I apply to the court to settle this disbute as my ex will drag this out for as long as he can costing me as much money as possible.
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Comments

  • Angela_D_3
    Angela_D_3 Posts: 1,071 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    My ex is trying to chuck me and the kids out - it's taken him 18 months so far and he's still not succeeded.
    He's £14,000 down too.
    Where he went massively wrong was not trying to find a solution before going to court.  You'll have to demonstrate you've tried every reasonable compromise (mine hasn't) and bent over backwards to accommodate him before applying for vacant possession to the court.
  • Id get advice on the relationship boards. Whilst this is about property, you have the added complications of divorce and remarriage rather than Land Trust law 
  • AskAsk
    AskAsk Posts: 3,048 Forumite
    1,000 Posts Fourth Anniversary Name Dropper Photogenic
    most asset split are done during the divorce proceedings so i don't know how it is done if you have already divorced.  why did you not claim the assets when you got divorced?
    it takes a very long time to claim assets from my understanding, even during a divorce process.  my friend has just completed a divorce settlement and it took him two years and a lot of solicitors fee arguing over the assets, so expect a long process.
  • dimbo61
    dimbo61 Posts: 13,727 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Move back in with your new husband.
    Your a joint owner so 50/50 just let yourself in.
    If he has changed the locks then get a locksmith involved.
    You need evidence of ownership so deeds ! 
    Letter from lender ?

  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Consult a family law solicitor. You need a financial consent order drawn up. While you can make a claim on the house. Your ex can likewise make a claim on your assets. Once reason that matters need to be finalised at the time of divorce. Not years later. As can become very complicated and expensive to unravel and come to an agreement. . 
  • xylophone
    xylophone Posts: 45,639 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Do you own the property as joint tenants or tenants in common?
  • I believe I own the house as a joint tenant rather than tenant in common as we were married with a joint mortgage. Would it be better to transfer to a tenant in common instead? 
  • Slithery
    Slithery Posts: 6,046 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper Photogenic
    mug18 said:
    I believe I own the house as a joint tenant rather than tenant in common as we were married with a joint mortgage.
    Irrelevant as to ownership. You will have made a decision whether to be tenants in common or joint tenants when you purchased.
  • Consult a family law solicitor. You need a financial consent order drawn up. While you can make a claim on the house. Your ex can likewise make a claim on your assets.
    Can my ex make a claim on my new husbands assets? 
  • Angela_D_3
    Angela_D_3 Posts: 1,071 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    mug18 said:
    Consult a family law solicitor. You need a financial consent order drawn up. While you can make a claim on the house. Your ex can likewise make a claim on your assets.
    Can my ex make a claim on my new husbands assets? 
    No
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