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Clare, Solicitor
Category: UK Property Law
Satisfied Customers: 34263
Experience:  25 years exeperience
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My husband is still on a mortgage with his ex wife. She refuses

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My husband is still on a mortgage with his ex wife. She refuses out right to sell even though that was the plan. She has also defaulted about 3 times now as she struggles to pay the interest only mortgage therefore my husbands credit rating has plummeted.
They have 2 children under 16 who live with there mum.
Can she be forced to sell, he isn't bothered about getting any money, he just wants his name off the mortgage, she only works part time and wouldn't be able to get a mortgage for the amount owing.
Also if she defaults to the point of repossession can the come to me for the money. I have my house which is in my name only.
Thank you for your question.
I will do my best to assist you but need some further information first.
How much is the house worth and how much is outstanding on the mortgage?
Was there a financial order made within the divorce proceedings dealing with the house?
Customer: replied 4 years ago.

The house has a condition on it, with this on it was valued at approx £260,000 but this was about 3 yrs ago, without the condition this could rise to 400,000 but needs to be up for sale to prove it is unsaleable to get the condition removed.(condition: Only buy the property if you have lived in the parish or adjoining parishes for the last 10 years) There is £207,000 left on the mortgage roughly but it is an interest only mortgage and every time she defaults it rises.


They sorted the divorce themselves to save cash and the only mention of the property was on the form concerning where the children would live, which talks of them living where they are now until the house is sold. At the time she was cooperative and my husband spent £1000 trying to have the condition removed because they had it on the market.

How old are the children and does she have a new partner?
Customer: replied 4 years ago.
The children are 10 and 12. She does see someone else but it's a bit of an off/on relationship. He doesn't live with her and is of no financial help.
I am afraid that I do not have good news for you.
Your husband is going to struggle to force a sale of the property before the youngest child is 18 - unless his ex starts to live with a new partner.
Equally I am afraid that there is no chance that he will be released from the mortgage until that time
It would be sensible for your husband to use Family mediation ( to agree the terms of an order for when the youngest is 18 so that he does not have to start from the beginning then
I can however assure you that your house and assets are safe even if her property is repossessed.
I hope this assists you - please let me know if you need further clarification
Clare and 2 other UK Property Law Specialists are ready to help you