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Clare
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 28620
Experience:  25 years experience of all aspects of family law
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I want to sell my property in England which currently stands

Resolved Question:

I want to sell my property in England which currently stands at £20K negative equity. My ex husband is still on the mortgage although has not contributed to it for 2.5 years. I have a buyer and negotiated a deal with the home builder to reduce their share equity share and can now walk away with no debt. We have a 7 year old son who lives with me. My ex is threatening to stop me selling the home and he move in with my name still on the mortgage - can this happen ?
Submitted: 1 year ago.
Category: UK Family Law
Expert:  Stuart J replied 1 year ago.

Hello, I am Law Denning and I am a practising solicitor in a High
Street practice. I have been an expert on this website in UK law since 2008.
During that time, as you appreciate, I have answered thousands of questions
from satisfied users on a variety of subjects.
Because we are all in practice with clients and court and other
users, I might not always respond in
minutes, particularly evenings and weekends. Please bear with me in that
case

It is my pleasure to try and assist you with this today. Please bear with me
while I gather some further information from you in order for me to be able to advise you fully.

Was it awarded to yo in your divorce proceedings?
Customer: replied 1 year ago.


Hi - there was no financial dealings in the divorce

Expert:  Stuart J replied 1 year ago.


In
which case, he is obviously just being difficult for the sake of being
difficult.

You
are faced with making an application to court for an order for sale to compel
him to sell the house. It is most certainly not a do it yourself job you will
advise to see a solicitor.



If he
wants the house, I would agree to let him take it over provided he removes you
from the mortgage and the title.



 





Does
that answer the question? Can I help further? Can I answer any specific points?



Customer: replied 1 year ago.


Thanks. Are you saying I can only sell the property by applying to court ?


As I know he is not financially able to get the mortgage for the property. He is stating he has legal rights to move in with my name still on the mortgage - as per Citizens Advice, is this correct ?


Does he need a court order to stop me selling ?

Expert:  Stuart J replied 1 year ago.




Yes,
if the house is in joint names, and there is no order excluding him, he is
entitled to move back in and come and go as he likes.

The
property is in joint names it seems and therefore you cannot sell it without
his consent or a court order



Customer: replied 1 year ago.


Therefore, going back to my original question - unless I have a court order which allows me to sell the property he can force me to vacate the property and to keep my name on the mortgage so he can then live in it ? As I know he is unable to take me off the mortgage ?

Expert:  Stuart J replied 1 year ago.




He cannot
force you to vacate the property. You have as much right to live in it as he
does until such time as either it has been divided as part of the divorce
settlement or until such time as it is in one name or the other.

To be frank,
this should all have been sorted as part of the divorce.



Customer: replied 1 year ago.

Sadly was never adviced to include any terms in the divorce. At the time of the divorce the home was in almost £30K negative equity and neither party had any financial assets.



What do you advice me to do now then ? Is my only option to write to him and state remove me from the mortgage or I will sell the property ? The offer of reduced equity share will not be valid forever as house values will change.


 


If he will not agree the sale and demands to move in with me still on the mortgage is my only option a court order then ?

Expert:  Clare replied 1 year ago.
Hi
In fact things are not as bleak as my colleague has intimated
Your way forward whilst not simple is straightforward
Assuming that you have not remarried you can make an application within the divorce proceedings for the financial issues to be dealt with
You do this by filing a Form A available here
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/form-a-eng.pdf
and paying the fee of £240 - unless you are eligible for an exemption - details here
http://www.justice.gov.uk/forms/court-form-finder?sq_content_src=%2BdXJsPWh0dHAlM0ElMkYlMkZobWN0c2Zvcm1maW5kZXIuanVzdGljZS5nb3YudWslMkZjb3VydGZpbmRlciUyRmZvcm1zJTJGZXgxNjBhLWVuZy5wZGYmYWxsPTE%3D
This will lock you into a court timetable that will lead to an eventual resolution and show your ex that you understand the process.
What you are seeking is a sale of the property - I dare say that would suffice - but in fact you could have a claim on any other assets that he has - including pensions.
Knowing that these are now at risk may help your ex decide that he will agree the sale if it is in full and final settlement of your claims.
There is no likelihood that the court will not order the sale if it is what you are seeking since there is no way that the mortgage company would release you from the mortgage.
However if you wished to remain in the property then the court would order that (permanently excluding your ex even though he remains on the deeds) since you have the care of the child.
Indeed even if this sale is lost the case is worth pursuing so that there is no such problem next time
Claire
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 28620
Experience: 25 years experience of all aspects of family law
Clare and other UK Family Law Specialists are ready to help you

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