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House sale divorce

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  • House sale divorce


    I had my consent order in 2018. I live in the house and pay mortgage and ex-wife is joint mortgage holder and lives abroad - details of her whereabouts is not known and simply no contact.
    Consent order is 50/50 (despite me paying the mortgage) but house sale should be joint.

    Unfortunately, ex is not replying to emails (its all the details I have of her) to house sale and like I said I have no idea where she lives or her address - but definitely alive as I can see her recent post on Social media.

    I am not sure exactly what to do now since I want to sell the property - here is what I am planning:

    1. Apply for force sale of the house to court and show them couple of emails I sent her and tell them I have no way of contacting her.
    2, Ask the court for joint contribution on Mortgage but I know I won't get it since she doesn't live in the house and I do - but I am not getting the order but the key thing is I get a sole permission to sell the house based on point 1.

    I will start the sale on my own.

    I cannot keep paying the mortgage forever and need to sell the house as I am about be out of job.

    If the above fails, then simply tell the bank I can't pay the mortgage and cannot sell the house due to ex not co-operating and simply hand in the keys and walk away.
    I will also tell the bank of her other properties abroad incase if the house doesn't sell then they go after those - or if they want to bankrup both of us.

    What else can I do? I am stuck!!!!!

    Thank you
    Tags: None

  • #2
    Hi there, I was wondering if you can give any advice at all to the above as I want to move fast - also which form do I use for order of sale?


    • #3
      following I am in a similar situation with my ex not signing documents for estate agents and not paying her share of the mortgage I wan to apply for a n order for sale but need some guidance


      • #4
        Ditto this post, anyone shed any light please?


        • #5
          Form N208 is used to request a court order for possession and sale

          If the property is owned as joint tenants, the joint tenancy needs to be severed and the property owned as tenants in common

          One tenant can apply to the court even if the other tenant does not agree to the sale or cannot be traced.

          Form N208 is submitted to the local county court

          A conveyancing solicitor should be consulted to sever the joint tenancy

          Please read the article at http://www.samconveyancing.co.uk/new...-refuses-11713


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