Selling a house post divorce

healthyhabits

Good Afternoon,

After some advice please?

My parents have split up, and the divorce has gone through.

Unfortunately, the interest only mortgage is in my dad’s name. Mum has been paying it for god knows how long and the courts have requested that my Dad contact the mortgage company to enable my mum to deal.

As part of the settlement, the court agreed my mum could live in the house for I another 4 years and continue paying the mortgage whilst she either sorted her own mortgage for the house or sold it. We are now at the point where the house needs to be sold or mum get her own mortgage however due to numerous reasons including the pandemic and my vulnerable niece living there it hasn’t been straight forward.

My dad has bought his own house with his partner who he left us all for so in our eyes there is no need to rush things as he isn’t paying the mortgage as it is. I also want to note prior to the divorce going through, he was hiding money in his partners account which wasn’t picked up by the solicitor at the time unfortunately.

Is there anything my mum can do to delay things? She isn’t saying she won’t move or buy but just needs a few more months to sort things?

There is for example potential for my brother to buy the house in May time.

wilfred30

So she has had the last 4 years to do something about it and hasn't.

I guess what she can do now will depend to some extent on whether your dad pushes for his share of the equity now or is prepared to wait for it.

AdrianC

The court order gave her four years to remortgage the property.
It is now four years later. I presume she can't get a mortgage, rather than simply won't?

Then it's most likely the property will need to be sold. I would presume this was detailed in the court order from back then.

If she wants to vary that order, she will need to go back to court.

This is probably more a question for the marriage board - https://forums.moneysavingexpert.com/categories/marriage-relationships-families

xylophone

There is for example potential for my brother to buy the house in May time.

Will he himself require a mortgage to do this?
Does he live at the property with your mother and your niece?

healthyhabits

She was saving to get a mortgage but unfortunately lost her job during the pandemic like many. Due to everything being in dad's name she hasn't got much of a credit rating either.
My brother does live there with my niece yes. He will be looking to get the mortgage.
My dad won't be entitled to any equity as part of the court order.

xylophone

Your brother could start looking into getting the mortgage now?

Angela_D_3

!!!!!! do not delay this.  My ex and i have ended up in court and no matter who wins ... £40,000 has been !!!!!! away on lawyers 

davilown

Looking at it from a non bias view, your mum has had 4 years to organise getting a mortgage.
she hasn’t done this and isn’t able to now so perhaps your dad is now able to force the sale in order to remove himself from the mortgage.
I know this is the what you may want to hear but you could talk to him to get him to delay until your brother can sort his mortgage out?
I would imagine your dad has his own plans to get on with his life as well

Thrugelmir

Four years was granted for a purpose. Presumably there's been a request made and there's been no action taken, with the matter now referred back to the courts. By deferring matters all that's likely to mount is a large legal bill and possibly costs awarded as well to compound matters. Decisions need to be made. 

GDB2222

Angela_D_3 said:

!!!!!! do not delay this.  My ex and i have ended up in court and no matter who wins ... £40,000 has been !!!!!! away on lawyers 

Well said. If at all possible try to settle as much as possible by agreement.

For the OP, I’d suggest that you involve your ex and try to reach an agreement with him.  So, an arrangement will be needed so he is no worse off due to the delay.

healthyhabits

To also add to this, my mum was meant to be given permission to deal with the mortgage on behalf of my dad 4 years ago to enable the transfer of mortgage and he didn't do this. Is it worth going to court 🤔