Process to force a sale help please

RAS

TBagpuss said:

Start the process now.

It may or may not be completed before Feb of next ear but could include an order that the house would be marketed as soon as your youngest is 18, or on their completing their secondary education (if later)

but could also include a provision for it to be marketed immediately if she fails to make any monthly payment due under the mortgage in full and on time

(that ideally should mean that over the period until it is sold, payments are made appropriately and this starts to repair some of the harm done to both your credit records by the earlier defaults) 

I've split TBagpuss' last paragraph into short sections and add highlights.

You use the settlement to get the order of sale and some compliance in place. 

It may be good for @TBagpuss to confirm?

TBagpuss

Yes, you need to get the the order first, then you can enforce it if she does not comply. 

monty-doggy

TBagpuss said:

Yes, you need to get the the order first, then you can enforce it if she does not comply. 

Thank you. She won’t agree to a consent order so I’ll have to go to the court which again is going to be possibly long and expensive. If I do that I assume they won’t award her more than 50% given she’s re married? 

TBagpuss

They have to look at what is fair in all the circumantances, which would include the fact that she has remarried. Your solicitor will be able to give you advice about what might be fair once they have a clear picture of the total financial situation but no one can tell you at this stage what the % split may be.