Please can you let me know whether I can legally force my husband to sell our property, he has been very difficult and unco-operative. He is not paying enough of the mortgage which it has now gone into arrears. We have no children under the age of 23.
I’m sorry to hear about your difficulties with your husband. This is obviously not a situation that should be allowed to continue because sooner or later the lender will start to ask questions about the arrears.
Seek Legal Advice
The answer to your question depends on numerous factors but I would advise you to see a solicitor as early as possible. The best way to do this in the first instance is to ask the Citizen’s Advice Bureau for a list of local solicitors who will be able to give you half an hours worth of free legal advice.
Separation/Divorce
I am unable to determine from your question as to whether you and your husband are still together and living in the same house. If you are separated it also may be sensible to seek advice from your lawyer about what would happen in the event that you divorced your husband (I assume you aren’t already divorced) and the way in which your shared assets and your home would be split.
If your relationship has broken down, and both of you own your home as ‘joint tenants’ the first thing you would need to do is sever the tenancy to make you ‘tenants in common.’ Your solicitor will be better placed to advise you on this.
Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.
Forcing the Sale
What I can tell you is that if you own your house jointly in a ‘trust for sale’ you may be able to force the sale of the property. This is done by applying for a court order that would in effect allow for the property to be sold, and would provide a timescale within which it should be sold.
What You Should Do
At this stage, you should make a note of the way in which your husband is being un-cooperative, and in as much detail as possible what he has done to get you into this situation. This will be very useful for your solicitor in the event that you do need to apply for a court order.
I really think it’s best that you go and seek legal advice straight away. Good luck.
I only have until the start of February to enforce the order as he has dragged his feet over the sale via various methods such as over inflating the price of the property so it wont sell, not allowing me to list it or to have keys and using one estate friend who is over 50 miles away from the property so could not easily show the property to anyone.
I need it sold now as he has missed many many mortgage payments and my credit rating is rock bottom now.
thanks in advance
vic
He will not cooperate at all. How can I make him sell the place so that I am able to move him?
My ex is suggesting that a buy him out by putting my new partner on the mortgage as i cannot take the mortgage on in my name alone. He's also suggesting that once myself and new partner are joint owners we then port the mortgage across to a new home and seek to get a 2nd mortgage to cover the additional cost. He wants me to do this because he wants to buy a house with his new girlfriend and whilst he's still attached to the mortgage this will be difficult for him to do. I don't really want to keep the house as its not suitable for my needs or the children's so my plan was to stay in the house until it sold and then split equity and start a fresh with my new partner.
Is there anything he can do via solicitors to be able to do this?
obviously we both want to move on but i dont want to get myself into more difficulties.
We have a house in Joint names with my male partner. We have been together for 5 years although we recently had a year living apart but got back together about 18 months ago. We are not married or in a civil Partnership. We are just living together and own the house together. However I put a deposit of £150,000 down to help purchase the house and this is protected by a Deed of Trust drawn up by the lawyers we used to purchase the house. I would like to buy him out or sell the house. He has said no to both suggestions. What can I do to force him to do one or the other? I have a much higher stake in the house but we pay equal amounts into the mortgage which is in joint names. I have another property which i rent out and I could sell this to buy him out which is my preferred option. He does not have the income to buy me out or cover the mortgage on his own, although we do have lodgers which covers the Mortgage in full. What can I do please?
The problem I have is I'm skint and on uni credit. What can I do and how long will any action take please? I just want out, then file for divorce??
My partner has been separated from his ex wife for nearly 10 years now and she still lives in their jointly owned home with their 15 year old daughter. She also has a 4 year old son to a different partner but he doesn't live in the house with her and the children.
We are unable to move forward in terms of buying a property and have been forced to rent for the 5 years we have been living together.
She is unable to get the property in to her name as they won't approve the mortgage and will not remove my partners name either.
She is refusing to move and sell the house.
When my partners daughter is of age possibly at 18 years of age can he force the sale of the house as the other child is not his responsibility?
Any help or information would be greatly appreciated on this matter.
Thank you
Things have turned nasty and I am currently awaiting for a court date in regards to forcing the sale of the property.
My question is does anyone know how likely it would be that the sale will be issued? (on the ownership declaration form I own 99%). However x2 of my older sisters have now moved in with my mother with their children (2 and 3 years old). Will these new minors cause an issue? They are not my mothers children so surely it is down to their mothers (my sisters) to put a roof over their heads. I think they have moved in to prevent the sale of the house? Help I just want this resolved.
Also I have paid £20,000 for the solicitor, barrister and to go to court - does this sound about right?
She insisted she won’t sell.
Can I force a sale?
Thank you very kindly
Dondee.
The mortgage is interest only - the amount loaned is £241,000 - the rough estimate of market value is £435,000
I have received a letter recently from her solicitor asking me to sign the property over to her as she has been making payments to the mortgage since we broke up.
This is true however I have always given her regular maintenance payments for the children and house.
Where do I stand. The house has 150,000 equity approx.
My wife divorced me approximately 6 years ago and wanted nothing in the divorce. Her name is still on the mortgage and we both want it removing but it is going to cost me a lot to do this. She is now wanting to force me to sell the house l v paid the mortgage on since we've had it so she can buy another house with her new man. Can she force me too and if she can is she entitled to any money from the house sale? Thank you for any help you can offer.
I have been paying the full mortgage for 16 months since our split.
She won’t let me buy her out neither will she move or sell.
I don’t want to be on the mortgage but she can not buy me out.
Can I force a sale and what are my options as I am living with my mother and can’t afford to move on because of the amount I’m still paying.
He has his own property he lives in and now he wants to force me to sell my home
because he wants his share, he has not paid the mortgage I all that time - nothing
can he force me to sell, we were not married
My girlfriend and I have been together for over 5 years. She left her ex-husband as she discovered he was having an affair. He allowed him to remain in the family home which she is names on the mortgage and the agreement was that he paid for her half of the mortgage in return for her not receiving and child support money.
This week the mortgage company have written to her and asked to contact them as they knew she doesn't live in the property and never had our contact details. On calling them they let us know that the property is in severe arrears and legal action has started. Her ex-husband maintains he will pay it all off but this will never happen he's just lying to stop her from taking action. Do we need a solicitor to apply to the court to force the sale of the property through? It will either get repossessed or we have time to sell. Any help would be greatful.
I recently split with my partner of 7 years. We are looking to sell our property. She is insisting we sell it to her mom for a lot less than it is valued at. I have said no and want it to go on market at full valued price. I am in my rights to say no to her mom? Also her mom gave us some money for the deposit and signed a gifted deposit letter saying she will not expect this money back. She is now asking for this 6k back? Surely i don't have to give it her? The reason we split is because she had an affair. Thank you.
Is there anything that can be done to force the occupying party to drop the price or do something to make it attract potential buyers? There is no mortgage. But the party who does not live there can not move on and buy another home without their share of the equity.
Or does this drag on forever?
2 weeks later she moved back in, though she sleeps on the couch because she missed our children 11 and 16.
We are in the process of getting a divorce but mediation has stopped because the only person giving any ground was me.
Both of the children want to stay in the family home that I bought and pay for.
My questions are
1. Can she force me to sell the family home?
2. Is there any way that I can legally get her to leave so that we can move on with our lives?
3. Should I be charging her rent?
The question is. My friend owns land in poland that is titled to her with a residential order for her dad to live on the land as well in polish law he has no claim to this land. Her soon to be ex is tring to get her to sell the land or give him half.
Can a British court make that decision to make her sell when a polish court would not even entertain the idea
Now what I’m asking is can I make my wife to sell the house because I only get £212 a month benefits I have to keep asking my brother to help me out and he’s a pensioner and also she has had many “partners “ living there even tho she’s on benefits Ihave tried several times to get in touch with her about it but she refuses to answer anything I say so would you please steer me into some direction I can go if I’m entitled
I have a joint mortgage on my house with my first wife and I lived in the property paying the mortgage. I met someone else and she moved into my house. We got married and the marriage has fell apart. I had to leave the house due to an injunction but she is not paying the mortgage. Is she entitled to any share of the house and how do I get my house back . The injunction states I cannot go within 50m of where she resides .
shortly after my depression subsided i began work and damaged my back and could not work for a year. (2014) . i have struggled to keep up mortgage payments to which the burden of the major part has been met by my mother who is a 80 year old pensioner. i spent a year where i could not walk properly and then i had cancer. i have not worked for over 3 years and the burden of the mortgage has more than taken its toll. my ex never paid anything towards the mortgage to which remained the same when she left. i need to sell because i dont work due to ill health . its a joint mortgage and for over a year she would not discuss house ownership finances. we have a property abroad to which she refused to sell. as regards to the property here what are my options? do i need to get her to sign to have her name removed form the ownership and what avenues do i have if she refuses.
* She co-habbits
* She marries again
* She dies
* My daughter leaves full time education
* My daughter doesnt live there anymore
* My daughter turns 18, so 7 years time
To buy the house I sold my own home and put the profit from it into the jointly owned home as a deposit.
Due to ill health and my disability I am unable to work myself. I am on ESA, DLA and full Housing Benefit. I have enough money coming in by way of my benefits and Ive been thinking about any profit to come out of sale of the house in 7 years time.
I would like my share which is about 27% of the profit to go directly to my daughter and not myself. Is this something I can get arrange? Any lump sum of money is going to cause me issues with my benrfits and I am not able to handle the stress of change.
We are in the middle of court procedures as to custody of the kids. Im going for full custody and she wants 50/50 custody but she has nowhere suitable to live with the children at the moment.
Can she make me sell the house for her share of the capital so that she can get her own place taking in mind the kids live with me at the moment.
Me and my husband took out mortgage six month ago. I want to leave and divorce. He is not having it. He says he cannot afford to pay mortgage on his own but when I say I will stay in the house and sell it he does not want to sell. I do not want to live in the same house with him but I am worried that if the mortgage is not paid, it will go in arrears and the house will be re-possessed. Of course I do not want that, but feel like I am being pressurized to stay. We have no children. I would like to understand what are my options and what could I do in this situation.
Regards Ian
He now is requesting the sale of the family home. Our daughter does not want this to hapoen and has begged me to not let us move. I can not get a mortgage as he failed to pay half the bills and DDs bounced. I paid off the arrears and transferred them into my own account to ensure they were paid. I can afford the mortgage but he still says he wants it sold. He only pays half the mortgage and gives me £50 per week. His salary is double mine. In his solicitors letter he fails to state he lives with his girlfriend and can not afford to pay anymore and needs the money out of the house. He also wants me to pay for all sake costs
Can he force me to sell?
He approached me a couple of months ago asking can he buy me out of the house for ten grand.
The house is in negitive equity 20,000 and there is 25 years left on the mortgage and he has the mortgage in arrears, he won’t get another mortgage because of bad credit.
I would like the house to be sold and get my name off it before it goes deeper into debt.
The bank has asked for his bank statement and pay slips but he’s not complying.
What are the chances of just getting it sold?
Thank you
To compound it my wife is not likely to agree to selling it, but I dont see I have any choice in the matter, she doesnt work and wouldnt be able to pay the mortgage herself.
Sale I am only on sickness benifit and don't need all this strees her playing games thanks P.Higham
Thanks for your response forgive me f I sounded abit harsh just destroyed me for a few years after such a long time . So that still all counts the same even if she is not on the morgage I’m not trying to shun what is due and the fact she is so much better off than me after split just abit hard to take as she left me and had affair .
Many thanks
He put in the £130k deposit & we got a mortgage for £200k. House is still worth 330-350k.
As soon as we moved in he became abusive & literally changed overnight. My friend called the police one night & he left, but was soon back at the house, telling me I had to leave & was taking me to court and selling the house. My children became scared. Friends & Family then moved us into temporary accommodation(6 months), which is expensive, but required no deposit. My ex has now changed the locks on our home & said I must never come back & he is now not selling it, but I must remove my name from the mortgage and the deeds. I don’t know what to do. Any help and/or advice would be appreciated please, as I have nothing & i’m scared my children & I will now be homeless in 6 months time.
My wife ran off with her plastic surgeon that we both payed for boob job that was 6 years ago she left the house saying it was mine she has never payed for any morgage payment all the time we wer together 20 years but did bring up my two children that are now grown up 22/24 she has gone off and became very well off with him but is now asking me to sell the house and give her half where do I stand .
Please advise many thanks
I divorced my husband 2 years ago, and have lived overseas for 4 years now.
We bought a house in uk and he still currently lives there......he pays the mortgage.... I however have 3 kids from this marriage and they live with me 100% of the time, and he contributes minimal amount for kids. I want to sell the house and use my share to relieve some financial pressure and find a permanent home for us instead of renting. He is refusing to sell...what are my options? I am overseas and can’t travel to uk due to high costs involved.
My husbands father died In a tragic factory incident where he was dragged into a tarmac making machine and killed instantly, which is how they had the funds to put a deposit down on a house. He took her to america twice for £10 grand a piece and when she went on maternity leave he transferred her £8,000 to cover the bills she would be paying she only actually paid for bills in the house for 9-12 months and he has paid the bills for the last 3 years on his own.
She left said she didn’t love him any more. Moved out and within a month had moved in with one of his best friends.
At the time she said she only wanted £3,000-£5000 to have her name taken off the mortgage. Now she wants £10,000 he could only get £7000 and offered her that. She is now trying to make him sell the house.
I have 2 questions
Can she do that with mine and his 5 month old daughter living here.
And
Is she entitled to half of everything INCLUDING the £8250 deposit he put down which came from a payout after his fathers death.
He wants to buy a house with his new wife which is understandable and therefore is trying to force the property to be put in my name or be sold. if the mortgage provider won't change it in my name this time (which is currently applied for). Then what can I do? I don't want to buy him out because he hasn't paid anything for the property but says that I should have been paying him rent when I lived there. We now rent elsewhere and the property is rented through an agency to tenants. they have 10 months on their tenancy agreement which my ex is aware of and signed the consent to let with the mortgage provider. He has said I have until january to get it into my name or it will go to court to sell. But there are tenants in there. can he kick them out to sell when their tenancy agreement is for another 10 months? Is he entitled to 50% of equity if we are both on the mortgage and he hasn't contributed to the mortgage or upkeep of the house for 6 years, even when I lived there?
The children all say they dont want the share yet. This will make me homeless if i have to sell and my two children. Unable to get new mortgage age and credit.
2015 i try to bussines partner with someone didn't work out!!
I had to much pressure from work end up emergency hospital.i have been diagnosed BIPOLAR MANIC ATTACK.
I stayed mental hospital 6 weeks.when i came out it was to much pressure whole family.My wife try to support me much as she can.One day she want to separeta she said.I went to overseas 3 monhts holiday.
When i came back nothing change.
I told her just sell the house the money you and me put as depozit take it out.She doesn't want sell house try to buy my share with my son.I have been here 27 years i don't have any saving in my life.I try to do wright things for my self and my family too.
Please give me some advice what we can do?
Thanks
Apparently his solicitor has said if the court
Only says I will only get what I put in I will have to pay all my ex partners fees of over £10,000 pounds is this true? Also if I expect this offer he wants me and our daughter out in 28days of receiving the money. I will have to relocate miles away to buy a property out right as I will never get a mortgage. Please if anyone can give me some advice it would greatly appreciated
I agreed at the time of the split to move out of the house, because I didn't want the extra upheaval, for my then young daughter.
My ex did roughly 2 years after I left, pay me a lump sum of the equity, but couldn't release me from the mortgage tie.
My ex in the following year, became Ill with breast cancer, and consequently claimed on the life insurance on the mortgage....and I understand the payout was substantial enough to pay the entire mortgage off outright.
She then came forward with the paperwork, asking me to sign the house over to herself and her now fiance.
I refused to do this, on the reasoning that if I did so, her soon to be husband would be entitled to half the house, if they should inevitably split, leaving my daughter with even less of an inheritance.
My question is, can I force my ex to sell the house, now that she is re-marrying?
I'm not after any personal financial gain from the sale, but do want to secure my daughters right to the house, and without sounding harsh, as her mother has been terminally Ill, I just don't want the fiance to claim half, or even all of the house if they were to marry, especially as i worked so hard for 18 years to buy a comfortable family home, and then he can just walk away with it.
I've read that a postponed sale is an option in the event of children big involved.....until they finish education, or the ex re-marries?
Appreciate any advice.
My husband and I separated at the beginning of this year due to his addiction to drugs and dv that I suffered. He promised to get help ans We tried to see if we could make it work for the sake of our son but my husband is still trying to control me and I can't see us ever getting back together permanently.
A week ago he came round and said he wanted off the mortgage and that I had to take it over on my own. Unfortunately when we had our son I gave up my good job in order to be a full time mother so I now rely on benefits. I'm happy to get another job in order to take the mortgage in my name, but now my husband has again moved the goal posts and said that he will not remove his name from the deeds or pay the mortgage as its not what he wants as he wants us to be a family again. He also has said that my son and I could move out the house and go into social housing and he keep the family home.
I have spoken to a solicitor who says I have the right to stay in the family home but my husband claims that is not the case and he can make me leave. Where do I stand? He's slowly wearing me down and all I want is what is best for my son.
Can she instist in having the property sold and effectively making me homeless, I am retired with only a state pension, no other income.
she lives there with 2 children, and the youngest is 12. she pays the mortgage.
we now want to buy our own home, but are unable as he is connected to her house and mortgage, and she keeps defaulting by making late payments. she says she is unable to take over the mortgage due to her income, but she is already paying it even though it is late sometimes. she lives off payday loans and other sharks. her credit is poor, and we have good credit. please advise how we can be disassociated from her?
I have broken up with my partner, the mortgage is solely in my name but with both contributed to the deposit, I put more in. He has left and no longer paying the mortgage but has a financial interest in the property from the deposit and renovations that we both contributed to. Can I legally get the locks changed? As he is not paying mortgage or bills. I am in the prosess of sorting out money to pay him off
I have not lived in the house in that time, but have paid half the mortgage payments each month as well as upkeep and repairs etc on the house. The mortgage is in joint names.
The mortgage is low at £120,000 and the house is worth £240,000 so a nice pot of equity.
I now have a new partner and would like to start a fresh and have a house of my own as I have been renting all this time.
My ex works part time and cannot get a mortgage of her own. We have agreed an equity split of 60:40 (in her favour) and I am not overly fussed about getting the equity as such, just being off the mortgage so that i can start a fresh / clean break.
The ex partner states she wants exactly the same thing, but nothing ever goes anywhere. We should be divorce within the next few months (we didnt bother sorting straight away) so can have a financial order in place, but am unsure what it should say?
My question is this:
If I agree in a lower equity share, will a court grant an order to sell the house?
Thanks in advance
Lloyd
I am about to start divorce proceedings against my abusive husband of many years. We have 2 adult children and one 11year old together.
I want full custody of our youngest and I would also like to buy him out of the house if at all possible.
I can prove his abuse including financial abuse over a period of over 10years.
Will this make a difference to the main assets of the home. I really need a completely clean break and I would bet all that I have that he will do his best not to pay maintenance for the youngest child.
Any advice would be appreciated.
I have a buy to let property but I am currently Seperated for last 5 months from my wife. She is living in the property with my two children. I have asked my solicitors to send a letter asking her to pay half or vacate so we can rent it. She has not responded. I can no longer afford the mortgage of the property and the one I am in. She is not working. I would like to force the sale as it is untenable and financially I can't cope any further. I would even be willing to go to arrears to force the sale. I have spoken to the bank and told them she is in the property and I can't rent it. They offered two months payment holiday but it won't make a difference as she has not changed her position in the last 5 months. We are probably heading towards divorce but in the mean time I can't afford this any longer. What are my options to force the sale? Both our names were on the property as joint mortgage. I live in London and the buy to let is in birmibgham.
I dont know if anyone can help me im worried sick. Ive been separated almost 5 years from my ex. I bought the house soley in my name. We were together since 2002 separated from him 2013. Hes been living with his girlfriend the last 2 years.. everything going great.. I've got a new partner who ive been with nearly 4 years (he doesn't live with me) my new partner has done up the whole house with his money.. made it a proper family home for me my 21year old and 13year old (hes my exs son) so im thinking as its almost 5 years i can divorce and hes cant contest it.. am i right? Can he stake a claim on my house? Even though in our 10 years he just paid the council tax each month and i had to pay for everything else.. im so worried.. need advice please
He is refusing to let her sell the house even though she is willing to split the monies, he likes the control, she has tried divorcing him because of his violent behaviour but because she doesn't know where he lives and recent communication is through his sister the judge want grant a divorce because he has not responded.
they will move in with me but she doesn't want to leave the house empty.
We would like to purchase a home together but are stuck as he still has this mortgage. Any advice please
"You won’t be getting any more money from me a month. Let’s not go down that route, or I might insist on you selling the house to get me off the mortgage."
Question: Can he do that?
My ex partner and I broke up in August 2009, I left the property we own as tenants in common and I said he could keep the house, equity and the house contents. I gave him two years to try get a mortgage on his own and when he couldn't i insisted that the house should go on the market which it did in November 2011. The house has had very little interest and the offers we have had have been 10k below the asking price which my ex has refused to sell at.
It's now 8 years since I left and I'm still stuck on the mortgage. My dad has recently retired and offered to buy the house at the asking price but my ex has turned him down and says he wants to keep the house but he doesn't seem to be trying to get a mortgage or he can't get one. I feel like I have waited long enough for him to try get a mortgage or sell the house. I no longer pay the mortgage and my ex now lives in the house with his girlfriend and her child.
Could the courts make him sell yobmt Dad for the asking price, surely after 8 years this would be a reasonable thing?
We have 3 kids 13 16 and 22. I want us to sell the house as i need the equity to move on. She has a good job and pension pot in her own right (3 x bigger than mine, of which i dont want any) she would be able to afford a nice house withing a couple of miles of where we life, but wants to stay in the marital home as it is large and in an exclusive area. She cant afford to buy me out or maintain the mortgage payment on her own.
Can she refuse to sell?
Asap as he wanted to rent out the upstairs without the mortgage people knowing and I said NO to this. Can i be forced out. Should I tell the mortgage company..
Some advice please. My x huband and I divorced 8 years ago. We have 2 children. They both live with me and he sees them on weekends. He owned 2 properties. 1 he sold in England for 250,000 and i received half. The other he refuses to sell. It is in Cyprus.
I receive £500 a month from him for child support (we all know that doesn't even come close to covering the cost of living) I am a dog walker and mobile hair dresser. Im either working or taking care of my children.
He lives with his girlfriend in a 5 bedroom rented cottage that he pays for and claims to be broke. He is a stock broker. Say no more.
Could anyone please give me some advice on how to push for the sale of OUR house in Cyprus which was bought when we were together as a family.
Thanks very much
I have been married 20 years, 2 kids 14 and 17. We are seperated, he has moved out renting £2500 per month. He left in Sept last year.he now wants to sell our home, i would like to stay here until eldest is 18 and goes to uni Sept 2018. . He says he wants to move on snd buy and all our assets are in the house, so he needs his share out, i am only asking for another year, as he has someone else . I have only 3 years until retirement he has 10, so i cant get another mortgage, he is very high earner , i am partime working. Would i get a larger share of the house We have a small mortgage, can just about afford for him to rent up the rd.
I'm at my wits end and I simply want to buy my own property for me and my little girl and get away from this one. Any advice would be of great help. The mortgage company in question is AMC PARATUS
He now wants to sell the house and I can't afford to buy him out. There is no equitype in the property and we have no children.
Can he force me to sell
Is there anything I can do to get it thrown out of court? I'll try anything, underhand or otherwise. On what grounds would I not be made to sell the house?
I do not want to give up my family home, please advise
Me and my husband seperated after i found out he had commited adultry on at leaste 3 seperate occasions. We have a joint morgage which we only lived in together for about 2 months. I moved out and he has taken on the bills.i now live in rented accomodation. My husband has said he is seeking advice to take on the morgage himself, and has been telling me bits and bobs but no action has actualy been done. Its been nearly a year and a half and i feel stuck , ive been told if i try force sale i will end up bankrupt because the property has only been in our names a year and half so has made no 'equity' we have no savings as we both pay bills. I know i can see a solisitor and send forms with regards to force of sale but its the debt i will get it thats worring me. I work full time and have done nothing wrong. Help!
My question is, can she force me to sell?
The 3rd and final divorce hearing is in Feb '17, where the judge will order the sale of the house and decide on the equity split. However, even though I should get enough for a deposit on a 2 bed place, I will not be able to buy anywhere until my credit score has recovered which will take years.
The mortgage company have refused to continue to payment reductions and are now demanding I come up with a plan to pay off the arrears - even though I told them I will have clarity in 5 weeks after the final financial settlement hearing. They want me to reduce payments of my non-secured debts even though this will impact my credit score further. I'm hoping the judge will demand that the Ex pays towards the arrears whilst the house is sold but it just feels like I cannot rely on anything as the whole system is geared to screw people like me over royally.
I hate it when men don't take responsibility for their kids but if a woman is spiteful / greedy enough, a man can get screwed financially for years and the court system, CMS and financial institutions do not protect them.
Any advise, or thoughts would be welcome..
We are not divorced as I do not want a divorce and my husband accepts this he has also accepted that I do not want to move from our home. I just wanted to be reassured my husband cannot sell the house without me knowing just incase he changed his mind.
I shall see if I can get these terms that I can live in our house until I die put in writing by a lawyer, then the proceeds of the house split in half and go where each of us wishes
Thank you for your reply
Myself and husband separated 5months ago, and are now planning to divorce. He moved out of the matrimonial home, and I have stayed living there. The problem is before we married 8years ago, I owned a house that I had lived in for 19years, and during our marriage, it was rented out to various lodgers. The house has since been sold 3weeks ago, completion expected in two months. I have informed my husband he can have the matrimonial home back, I do not want a share of it, I just want my old house, and with the sale proceeds buy another. Unfortunately he has been very difficult, and says he wants half the proceeds. If he takes half I will not be able to afford a deposit on a flat!! I have a 13year old Son from a previous relationship, and obviously need somewhere to live. Can he force me to give him half of the sale proceeds? The house is in my maiden name, the matrimonial home in his name.
I and my live in partner have a 50:50 joint ownership of our house but I made all the financial contribution towards the purchase of the house and pay the monthly mortgage. We have only been living in the house for a few months when our relationship broke down and she moved out with our two children.
I currently do not know where she lives but I want to know what my chances are of buying out her share of the property and whether I can force her to sell if she refuses.
My partners ex wife has been refusing to sell their marital home (jointly owned) for over a year.
Neither she nor my partner can afford the mortgage on their own (it's also way bigger than anyone would need for 2 people) and he has accrued a huge amount of debt paying his half over this time. He also pays child maintenance.
She thinks he will have to keep paying but he just can't. He has no more access to debt. He will have to stop paying soon and the home will be repossessed which then has a long term negative effect on everyone, including their 8 year old.
He is going to court but nervous of what will happen as everything we read and experience so far seems to disadvantage the man at every turn.
The property was changed to tenants in common
His circumstances have changed now and wants to sell the property, it is on the market with no success
He is now saying he wants to put it up for auction which I strongly disagree to
Can he make me do this, he says he can through a judge in the court
He has a criminal record of domestic abuse also and has had his gun licence taken from him
me and ex are divorced, our property has recently come out of negative equity. We both agreed to put in on the market for offers above £225,000. We've had an offer for £216,00 but ex has refused it. We owe £210,00 on the mortgage so not much left after the sale and fees.
The mortgage term ends dec 2017 and we have a letter from the mortgage to say they want their money back and are not offering further borrowing. If we don't have an endowment (which we don't) then we have to sell.
I have live in the property with our daughter for last few years, I've paid the mortgage, ground rent and paid out for repairs.
My worries are we may not get another offer as good as this and I feel my ex is dragging it out.
is there anything I can do to force the sale?
Thanks
I jointly purchased a house in 2004 with my dad as my dad could not afford to be on the mortgage himself and my mum was not working , in 2005 I met my future husband we had two children and then moved to rent and then my husband bought a house in his own name because i was not able at the time due to my wages to afford a house together plus i already had a mortgage previously with my dad . We have had mortgage advice and she stated that we would be in a better position if I did not have this mortgage to be able to buy decent house with my husband. I have chatted with my dad and stated we want to give him at least two years to either sell the house or take it over himself, he stated he may not be able to take over the mortgage and he said rent is too much plus Im still paying so much to the mortgage too so I need to also get off this mortgage too, although I did not want to go down a legal route but I ve got a feeling that I might have too as he makes so many excuses any advice please Thankyou.
The ex has today said that if I ask for more maintenance (in the consent order we agreed an amount and I've not asked for an increase since then) that he will force the sale of the house, can he do that?
My wife and I are separated and in the process of divorcing - I filed for unreasonable behaviour as she would not admit to her affair. I moved out of the marital home about a month ago and our ten yea old son lives half the week with me and half the week with his mum. My wife is refusing to contribute to the mortgage or the running costs of the marital home and so I am in the position where I am being forced to cover the costs of both the marital home and the apartment I am renting. My wife chooses to work occasionally and what money she earns goes on her horse, her Gym and her Pilates sessions - she will not even buy food for our son when he is with her. In the short term I am using our savings to fund the two houses but cannot continue with this indefinitely. Is it likely that I will be able to get the courts to agree to order the sale of the house given my ten year old son lives there part of the time. If necessary I will apply to have my son resident with me as I can provide a stable home and see to his needs and this is actually what my son wants anyway. I have tried Mediation but this is at a standstill due to my wifes stubbornness about contributing to the costs of the house .Any help or advice gratefully received.
My question is quite specific. Divorce has happenned and shared property is agreed to be sold and split etc. However the other party is living in it currently, so has no motivation to sell. They are forcing the estate agent to market it at too high a price and is saying no outright to any offers that come in. How long do you have to wait before you can apply to have them removed from the decision to sell the property / accept the offer?
The original court decree gave no fixed timescale as to how long before it needs to be sold.
Behind my back all the time but I stayed for the sake of the kids ...two weeks before Xmas 2013 he left without a word to me or the kids ... I stayed in the home with our kids he moved in with his girlfriend I went on to meet someone else while away one weekend he rang me and said your not getting back into the house he's changed the locks the kids moved out as with would live with him he did this because she kicked him out .... We are now divorced the house is empty Can I make him sale the house he said he's going to rent it out am I entitled to half that rent a month He said the rent money is going to pay the mortgage off I don't believe for I minute that he's gonna get nothing from this .... Where do I stand either way make him sale the house or have half of the rent a month that he rents it out for
I got married in January '92, bought a house for 50k in joint names in February. Came home from work one night in March and found her with two men in my house, she locked me out then called the police and had me removed. Daughter #1 born in October '92. Divorced in early '93 due to 'irreconcilable differences'. No court order regarding sale of house. Moment of madness one weekend in early '96 led to twins being born Christmas '96. Now the mortgage is coming to an end next year and she refuses to talk to me regarding the sale, except she feels she should get all of the proceeds (approx 350k) plus 250k lump sum from me! She recently tried to sell and presented me with a bill (I had asked for a modest 50k to be repaid to my mother for all the pilfering my ex did to her over the years) so I refused to sign. I paid the mortgage for first 5 years then the CSA got involved. I have just found out the mortgage is £1700 in arrears and the bank is looking to repossess. The house is already in a bad state of repair and at least 25k will need to be spent to bring it back to a livable condition and realise it's full market value. The eldest is 23 and poisoned against me. She has had many menial jobs that she cannot hold down due to her bad attitude. The twins are 20 this year. None finished school due to their alcoholic mother never being able to get out of bed to get them to school. The mother feeds the youngest girl with cigarettes and cannabis so she has no motivation to get out of bed and get a job. By some miracle my son managed to get into a college and has since been accepted at a university. All still live at home with their mother but the boy will have to move in with my partner and I as the uni that accepted him happens to be in the town I live in, and my youngest girl seems to have finally had enough of doing nothing with her life and wants to come and work for me in my business, so she too will be moving into my house. This means my ex wife only needs a two bedroom property for her and my eldest. For 24 years this woman has made my life a living hell. She has cost me two jobs, two relationships, ruined my credit and more importantly my relationship with my eldest. She has committed fraud and been fined 20k by the council which she expects me to pay. She has lost her license at least twice that I know of for drunk driving. I have got on with my life and live in a nice 4 bed house. The fact that I have got on with my life has always driven my ex mad. She is completely dillusional as she actually thinks she has been a good mother. What can I do to get out of this living hell and get a reasonable settlement from our house before it is repossessed and my credit is ruined even more? And am I being unreasonable for (now) expecting 50% of the proceeds and she pays her own debts from her half?
Please can you advise. ( All I want to do is get on with my life )
Dee
My daughter - who has been living with me since leaving school - has just turned 18, and I now require the remaining money my ex-girlfriend owes me to be returned.
However she now lives with her new husband and baby in his house, and lets out our "family home", and has no intention of selling it in the foreseeable future despite having assured me she would return the remaining money to me when our daughter turned 18.
Can I force the sale of our "family home", or force her to pay me a portion of the rent she is receiving from it?
There as no divorce since we were not legally married only living together, the loan is in both our name.
Can he force me to sale, since I can not refinance
we married in 2009 and now are separated since 2012. I always worked in London and she always lived in our home in Scotland with our 2 children. we are both named on the mortgage and paid 50% each for deposit. Since then, I have always paid mortgage, and paid off loans that we both took out.
3.5 years ago, her and the kids moved from the home in Scotland to Mallorca where they have been since then. They are now residents of Mallorca for legal purposes. she has been renting out the house without my knowledge for a while, but stopped after I asked her not to continue with that. I have always paid 100% of the mortgage and paid off most of the loans.
For the last 1.5 years I have been asking her to sell the house. On 3 separate occasions she agreed only to withdraw at the very last moment. noone lives in the house and I want to sell it. Can you please help me with advise on how to force the sale of the house. what is the process?
We both moved out of the marital home to live separately. We rented the house. My wife says she now wants to move back into the marital home. She intends to buy me out but will have to live there first while she raises the funds to buy me out. Although I question her ability to afford any if this on her own. The house will still be in our joint names until she is in a position to buy me out.
We are not divorced. I am hoping to annul the marriage after living separately for 2 years, which will be Seprember this year. She wants to move back into the house in June!
What are the legal implications (if any) of this situation? Can I insist the house is put on the market if she moves back in and can't get the mortgage to buy me out? Any pointers or considerations would be greatly appreciated.
She wants to keep the property for sentimental reasons (kids first & only home) but cannot afford to buy me out of the property. She has suggested that she assist me with a mortgage for another property but I would wish to sell up and start afresh. Given that my kids would now be classed as adults, can she stop this?
Thanks
Now he has filed for divorce and although amicable and willing to talk initially and also agreed a cash sum but upped the amount each time and renaged on the agreement, has now upped the amount to £50,000 cash so he and his new girlfriend can start afresh. If I don't remortgage,I will have to sell.
This is our family home and in not way was I ever going to benefit from it. It was always for the kids.
The property is2 knocked into 1 but will cost about 20,000 to revert.
I have one son still living with me who has autism (although he is 24) and will always,for the foreseeable future, live with me.
Bleak chance I know, that a miracle may occur but would appreciate any advice to be fair but prevent the hassle of moving.
I have offered for him to take over one of the mortgages or a lump sum, both of which he has refused.
After myself and ex husband split up in March 2013 he left the property. In December 2013 my new partner moved in. My 2 sons then aged 14 and 17 wanted to live with they're dad. Subsequently my ex put in an occupation order to move back into the family home which I agreed to in court as he had our youngest son with him. In October 2015 my youngest son came back to live with me and my now husband. I want to sell the house to get my name off of the mortgage as it has a £15000 charging order on it. My ex is being really awkward about selling so I just need to know if I can force him to sell the property as my youngest now lives with me so he has no reason to stay in the family home.
Please help!!
Thanks
I split up with my Husband 2 years ago. We have 4 children 20, 18, 12 & 9. The 18 year old lives with him and other 3 live with me. He is taking me to court to force me to sell the family home. He works as a builder and i dont work at the moment. There is 210k of equity in the house. He wants 50/50 split so if i have to sell it then i wdnt be able to get another 3 bedroom house for 100k. Would the courts force me to sell the house? If so what percentage would he get?
I had a solicitor who dealt with the divorce but was not very helpful regarding the matrimonial finances.
I would appreciate some legal advice/ assistance.
Thanks
Regards
only because they want their name removed from the mortgage and to replace it with my new partners name
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