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ex partner cant buy me out nor is willing to sell after divorce

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  • #1

    ex partner cant buy me out nor is willing to sell after divorce


    hi all,
    after a rather long divorce and spiralling costs my ex wife remained in the former family home to which she took on the mortgage which is an interest only. She cant afford to pay me my share of the house. Nor does she want to sell the property. The house is in positive equity to the sum of around £80,000 i stopped paying the mortgage in 2010 due to financial difficulties.. we changed the mortgage to an interest only at this point to try and help things out a bit.
    At the end of 2010 the marriage broke down and in February i moved out. by june my ex had moved her new man in.
    I am still in financial difficulties and really could do with my share of the property now.
    I dont talk to my ex so it is difficult to get to a suitable solution for all. Her new partner has been a nightmare too by saying that ill get nothing from the house. For the most her was correct, i left with clothes and a few personal items. However this wasnt a problem. After all my children were still living there.
    Back to the point of the house. Im wondering what options i have in regards of getting my share of the equity.
    I havent the funds for solicitors nor legal aid will not help. So im just trying to assess my options.
    Bankruptcy someone mentioned as a last resort.

    Any help will be greatly appreciated

    regards
    cbwindmill
    Tags: None
  • #2
    Re: ex partner cant buy me out nor is willing to sell after divorce

    Bumping for you.

    This isn't my area so may not be much use.

    The obvious question is what did the divorce settlement have to say about the house?

    An order to force a sale is a possibility, the children would be an obstacle to that though, how many and what ages?
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    • #3
      Re: ex partner cant buy me out nor is willing to sell after divorce

      While the children still live at the house, even bankruptcy would be unlikely to release the equity. Don't forget the Insolvency Practitioners appointed by the Official Receiver will take tens of thousands in fees so I would definitely not pursue that route.

      The concern is that your wife benefits from living with a joint mortgage on interest free. As she has a new partner, the best you could hope is that she and he restructure the mortgage to be in her/their names and get you off the debt altogether, freeing you up to potentially start over?
      "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

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      • #4
        Re: ex partner cant buy me out nor is willing to sell after divorce

        Best solution is to seek an order for sale, but it's not something you should attempt without legal assistance.

        Presume you're both tenants in common, having severed your joint tenancy?

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        • #5
          Re: ex partner cant buy me out nor is willing to sell after divorce

          [MENTION=62240]dan_1207[/MENTION] - Dan, isn't a court likely to suspend execution in any event whilst the children are still living there? (As I said, not my area at all but am curious as I thought this was pretty much the standard practice?)

          Comment

          • #6
            Re: ex partner cant buy me out nor is willing to sell after divorce

            Originally posted by stevemLS View Post
            @dan_1207 - Dan, isn't a court likely to suspend execution in any event whilst the children are still living there? (As I said, not my area at all but am curious as I thought this was pretty much the standard practice?)
            Yes, I'm curious too.

            In my experience Cel's comments above are accurate (as is her wont) and it does seem to be the norm that the family home is retained for the children's sake until they are 18 if at all possible.

            Obviously, the ideal solution would be if the new partner were to buy the OP's share of the house from him.

            Just wondering - could Cbwindmill charge him pro rata rent?

            Or put a charge on the property?
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            • #7
              Re: ex partner cant buy me out nor is willing to sell after divorce

              s15 TLATA will apply, yes, so far as the welfare of the child is concerned. Child being resident does not automatically bar the OP's right to seek an order, the court ought only to have concern for the welfare, which is not the same thing as allowing the child to live there. Alternative accommodation is entirely acceptable, but this is a discretionary order.

              - - - Updated - - -

              Originally posted by MissFM View Post
              Yes, I'm curious too.

              In my experience Cel's comments above are accurate (as is her wont) and it does seem to be the norm that the family home is retained for the children's sake until they are 18 if at all possible.

              Obviously, the ideal solution would be if the new partner were to buy the OP's share of the house from him.

              Just wondering - could Cbwindmill charge him pro rata rent?

              Or put a charge on the property?
              Look into equitable accounting.

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              • #8
                Re: ex partner cant buy me out nor is willing to sell after divorce

                hi celestine,
                the mortgage is still an interest only mortgage and has been for around 6 yrs Our joint names are on the mortgage and also on the deeds.
                I stopped paying in 2010 feb to march time . We are tenants in common as the joint tenancy was severed.

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                • #9
                  Re: ex partner cant buy me out nor is willing to sell after divorce

                  Hi stevemLS
                  There wasnt any final divorce settlement because of certain circumstances ide rather not mention ,
                  But as to there ages 1 has left home and is 21 the other is nearly 17

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