Ex refusing to sell house

MUNSOP0810

Posting on behalf of a friend..

My friend and his Wife have recently split and are going through a divorce. They own a property together. They have lived there for about 6 years and my friend has paid all of the bills and the mortgage this whole time. Due to the volatile nature of his Wife, he has moved out of the property. His Wife has serious mental health issues and it all came to a head when she threatened to tell lies and get my friend sacked from his job (he’s a Headteacher of a primary school)

So my friend is living with his family while he figures out what to do. They do not have children, his Wife at first said she expected to be ‘kept’ even after the divorce. She then has agreed to pay all the bills and half the mortgage as she wants to remain in the house. This has yet to materialise and my friend has tried to rent a property because of how stressful his job is, living in a single room at his Brother’s is not working for him. He was denied the property as it flagged up that he has a mortgage and the landlord is worried about ‘affordability’ even though he is on a very good wage.

My friend wants to sell the house, his ex is refusing.

The ex will not be able to buy my friend out because she is on a low wage even though she has thousands in savings - she is still saying she will start paying the bills but is actively not starting the process of getting things switched in her name.

His ex said he could move back in and they could basically be housemates. My friend feels that this is a way of getting him back in there and still paying for everything. My friend wants to move on as it has been a very damaging relationship mentally and emotionally, moving back in the house is not an option. He is not dealing with a rational-thinking person. He has started mediation but it doesn’t seem to be resolving anything. Is applying for a court order to sell the only option?

TripleH

If they get divorced then the house position sorted as part of the settlement.

It may not be fully resolved, as a judge may say 1 thing but the other party refuse to cooperate, although it would make further sanctions against the uncooperative party easier.

Might being a lodger in a house with 1 other person beca better option than living with family?

propertyrental

That's what judges in the divorce courts sort out.

Mutton_Geoff

MUNSOP0810 said:

Posting on behalf of a friend..

Oh dear. Not another one 

It's often better if said friend can speak for themselves as the interaction between poster and answer is more direct and immediate.

elsien

The thousands is savings are a marital assets. As is any savings of his. As are any pensions. It’s not just about the house.

If mediation isn’t working they need the mediator to say that. Although having had a relative had to go through court it really is best avoided if at all possible.

With regards to the bills can’t he phone them up and tell them he’s not there anymore no longer responsible so any bills will be sent to the householder. Which would be her.

mark_cycling00

Having witnessed some similar situations I would really suggest that all of this is legally sorted out as a divorce with zero non-legally binding "agreements" or "understandings", written or otherwise. 

Based on her recent behaviour there's a chance she'll be causing trouble for years and years, if not forever.

It's going to be tough for a short period of time but much better than years of chaos, stress and being mentally worn down over time and never breaking free.

Also, maybe get a few sessions with a counsellor (a male one) who will be able to help assess the situation and help build up your friends' confidence again