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Order for Sale of jointly owned home following separation
Hello all,
I would greatly appreciate some guidance on an issue I’m facing.
My husband and his ex jointly own the home that We currently live in. When they split up, it was agreed that my husband would live here and would rent out the spare room to cover her mortgage contribution and also an additional subsidy to her so she makes a profit on the arrangement. A few years later, he and I met and I moved into this home. I paid the rent for the spare room going forwards.
My husband’s ex now wants to sell the property in order to buy a new place. She claims she is pregnant too. We aren’t sure if she’s telling the truth. We have informed her repeatedly that we also want to either sell or buy her out but we aren’t in a position to at the moment as I’m not working hence won’t qualify for a mortgage. We have informed her that as soon as I find a job and qualify for a mortgage, we will buy her out.
She is not willing to allow for this and has instructed a solicitor to begin the Order for Sale process. She states that we can rent somewhere but we aren’t in a position to because (a) unless I’m working, we won’t pass a credit check and (b) we have two cats and a dog so no one will rent to us.
I’d greatly appreciate some advice some guidance please. The main questions I have in my mind are:
1. What is the process from when her solicitor contacts us until the property is forced to be sold?
2. What is the timeframe for the whole process from now until the judge issues the order to sell?
3. What are the legal costs and can these be passed on to the ex?
4. Will the judge order the sale effective immediately or will s/he give us time to find a new place?
5. What impact will Covid-19 have on the above timeframes?
6. Can she evict me/us even though the lodgers agreement is between me and my (now) husband.
Many thanks and I look forward to participating in this forum.
