Ex wife won't pay share if house

Ripjack1888 · 2 February 2019 at 11:21PM

After 9 years of my partner leaving his name of the mortgage he has with his ex wife his children are now 21,19 and 15. He wants to take his name of the mortgage so he can buy his own property. He has paid for the children without fail and very generously since they separated and has done all he can to provide a home for her and the children.She has never worked and claims benefits. The house is worth £350,000 and he has asked for £70,000. She is not replying with anything positive to her or his solicitor and keeps saying that her mental health is being affected and basically she can't deal with this! He has now said that he wants this taken to court and we are waiting for a reply from her solicitor, it's been a month since we had any reply. What can he do now?

tacpot12 · 2 February 2019 at 11:35PM

Where are his children living?

Your statement that he as done all he can to provide a home for his children is at odds with wanting £70,000 of equity from the house when he knows that she is on benefits and is therefore very unlikely to be able to extend her mortgage. If a court agrees he should have this money now (and I don't think they will while the youngest is at school or college), the only way she can pay him is to sell the house so his child will have to move.

He should be able to push his solicitor to take this to court, but he needs to listen to the advice he is given about how successful this might be, and then have a think about the impacts of a successful court action.

kingfisherblue · 2 February 2019 at 11:42PM

Ripjack1888 wrote: »

After 9 years of my partner leaving his name of the mortgage he has with his ex wife his children are now 21,19 and 15. He wants to take his name of the mortgage so he can buy his own property. He has paid for the children without fail and very generously since they separated and has done all he can to provide a home for her and the children.She has never worked and claims benefits. The house is worth £350,000 and he has asked for £70,000. She is not replying with anything positive to her or his solicitor and keeps saying that her mental health is being affected and basically she can't deal with this! He has now said that he wants this taken to court and we are waiting for a reply from her solicitor, it's been a month since we had any reply. What can he do now?

Was a financial settlement agreed when they divorced? What provision did it make for housing the children?

It is often the case that the primary carer and the children are allowed to stay in the marital home until the youngest one has left full time education (so around the summer after they turn 18).

Fire_Fox · 3 February 2019 at 6:26AM

Welcome to MSE.

Hard as it is, I think you should stay out of it.

This lady is the mother of three young people. Your partner is the father of three young people. That does not stop at a number or a date.

Accountant_Kerry · 3 February 2019 at 8:43AM

one of his children is still 15, he doesn't stand much of a chance of forcing a sale until the child is out of full time education and rightly so.

Ex wife won't pay share if house

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