forced sale

[homeownerstayingput]

my ex husband send me a letter stating he will instruct an estate agent to sell our house if i don't contact him in 28 days, he said i should go to the mortgage company and remortgage and take his name off the deeds, we divorced 5 years ago and left the mortgage thousands in arrears after i left after years of domestic violence and affairs. i paid the arrears and moved back into the property, i have maintained the mortgage since and am up to date, i don't believe we will get enough from selling to clear the mortgage. what can i do.

[Kati]

Re: forced sale

tagging [MENTION=87380]Diana M[/MENTION] xx

[Diana M]

Re: forced sale

If your name is on the deede of the property (which is likely if your name is on the mortgage) then the house can't be sold without your permission unless ordered by the court (not on your ex's whim).

He can instruct an estate agent all he likes but you don't have to deal with them, at least not until you've established your legal position (see my next question).

When you divorced five years ago did you have any formal financial arrangement drawn up by a solicitor or an Order from the court?

Do you actually want to stay in the property if it's the right shape and size for you? Are there any children involved or living with you?

You're being bullied by your ex but that doesn't mean he has the right to sell your home!

Di

[homeownerstayingput]

Re: forced sale

we didn't have any financial orders made at the time of divorce, thankfully we had no children.
i want to stay in the property and continue with the mortgage, If I'm forced to court i will put my case of domestic violence and the injunction i had to have put on him due to violent conduct and unwanted contact from him and i can prove while he was here the mortgage went into arrears and now its all fine and paid every month, if he forces a sake i will stop all payments and have it repossessed instead of giving into what he wants. he said he would attend any viewings but he does not have access as i changed the locks years ago for my own protection.

[Diana M]

Re: forced sale

You've got a good attitude to this. You've clearly moved on from horrid time in your life. He clearly hasn't.

You must do what feels right and what won't cause any extra friction or tension which could make him retaliate.

He may need to be reminded of the injunction and the penalties he'll face if he breaches it (he could be arrested in some circumstances).

Is/was there a non-molestation order or an occupation order?

I would have thought that a letter threatening to sell your home counts as "unwanted contact"!

Di

[homeownerstayingput]

Re: forced sale

i had a non molistation order and an occupation order by they were only valid for 2 years, he says he's moved on and getting married in a few months.
if the mortgage goes into arrears she will too be jointly liable i guess hence why he now wants to sell, he didn't when i asked to start with and now i don't. he's not used to not being able to control me thats the problem for him.