Hi - there was no financial dealings in the divorce
Inwhich case, he is obviously just being difficult for the sake of beingdifficult.
Youare faced with making an application to court for an order for sale to compelhim to sell the house. It is most certainly not a do it yourself job you willadvise to see a solicitor.
If hewants the house, I would agree to let him take it over provided he removes youfrom the mortgage and the title.
Doesthat answer the question? Can I help further? Can I answer any specific points?
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 ?
Yes,if the house is in joint names, and there is no order excluding him, he isentitled to move back in and come and go as he likes.
Theproperty is in joint names it seems and therefore you cannot sell it withouthis consent or a court order
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 ?
He cannotforce you to vacate the property. You have as much right to live in it as hedoes until such time as either it has been divided as part of the divorcesettlement 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.
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 ?
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).