Leaving ex partner

Will the ex be willing to sell the property?
If not, it is a solicitors jobby to go through the process of forcing the sale.

Topman9880 wrote: »

She's not very keen on selling. I'm guessing forcing the sale would be a long/expensive process? Would the fact our daughter lives there have any impact? Thanks

It's not a matter of keen, do they expect you to live on the streets in the meantime? If you have to sell, then you have to sell.

The state won't see them out on the streets, and the lenders want there money, emotions come second to that.

Morning Topman

I left my marital home with my daughter 2 years ago (long and not nice story) with nothing. Had to present as homeless and was relocated. My ex-husband opted to stay in the property, which at the beginning I was happy to allow as I could not face any more arguing or trouble.. We saw a financial adviser later that year to see what out options were. He had no job and had recently become self-employed, so no lenders would touch him without at least a years books, so he advised he would stay in the property and continue to pay the mortgage until such a time as he could afford to move out.

In April last year, the mortgage company contacted me about arrears on the account. Turns out that no mortgage had been paid for almost a year. AND he had not been living in the property (had a new home with another person) I contacted him and he said that he had no job, so couldn't pay. I asked him at this point to sell the property and he refused.

I approached a solicitor on July of last year, and had to take him to court to get him to sell the house. He still would not engage with the court so the Sheriff signed the order for sale, and it all finally concludes this Friday. It has been a long process, and has cost a fair bit (I don't get legal aid) but all of this has been made much more difficult by him.

I think your circumstances may be slightly different as there are still children resident in the property, but I don't think that you can be "held to ransom" over the mortgage. If she cannot afford to buy your share, and you cannot afford to buy hers, then the property has to be sold. That's pretty much what my lawyer said.

I hope this helps.

No worries. Sorry for rambling! I think what i was trying to get to, was, if you need to sell then you need to sell, and unless there is a very good reason why she shouldn't (much better than my ex's "cos it's mine" argument!) then the likelihood is that the Sheriff could grant the order for sale.

Timescale wise, I started this process in September last year, and the house sale just completed last week and cost nearly £2000. This was with "no contest" from him, however. If your ex contests, it may well take longer/cost more.

Whatever you decide, good luck with it all