Financial order divorce and house sale query

Pocket_Rocket72

Not sure if anyone can help with this one.  My boyfriend has had his divorced finalised and the financial order has been agreed by the courts, it states in the financial order that the house has to be sold and that they have to pay the mortgage 50/50 until the property sells.  However the house being sold is slow going due to the ex causing issues and not taking on the estate agents advice.

My question is if I moved in with my boyfriend to his property, would his ex still have to pay her share of the mortgage as per the financial order - or could she stop as he is then co-habiting (although there are no clauses in the FO to state she can stop paying if this happens)
If she wanted to cease paying - would she have to obtain a change to the financial order through the court??

TIA 

Brie

Presumably his ex is living in the house to be sold?  And likely she's reluctant to move?  Hard to make a sale/move happen if someone is putting up too many roadblocks.

Whether you move in with your BF or not his ex needs to keep paying as does he.  BUT sometimes people don't.  Sometimes they simply stop because they don't want to pay.  

Pocket_Rocket72

Just to clarify - boyfriend is living in the house, the ex is living elsewhere, but is money driven so not coming down in price at the time of estate agents suggestions, or accepting what the estate agents classed as a reasonable offer

AskAsk

you can't change a financial order so if she stops paying then she would be in breach of the financial order.  you can move in but it may cause even more tension with the ex as she will not be happy to be paying half the mortgage when you are living there free.

i personally would not advise this.  you could just stay there but not actually live there.

as the ex is paying half of the mortgage, i would think that she is not selling because she thinks the offers aren't realistic as she also loses money while it is not sold, especially as she isn't living in it but your boyfriend is.

how long has the house been on sale for?

WYSPECIAL

It's usually the other way round in these situations and it is the person still living in the house that causes all the delays.
If she wants to stop paying then she will need to return to court to try to get the court order amended. If she just stops paying then your boyfriend will have to get the court to enforce the order.
If either of these happen he should ask the court for sole conduct of the sale so that he can speed things up.

Does his court order say anything about what happens if he cohabits? If not, and you do move in, it may make her more keen for a sale to proceed.