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Ex not paying any mortgage payment

(3 Posts)
theDrake Fri 29-Sep-17 20:18:54

Hello all, I'm after some much needed advice on behalf of my new partner.
Ok, some info......
My partner is divorced and has two young children - she has them approx 60/40 of the time. Her ex still lives in the marital home and the divorce court order states he has until next year to buy her out (NEVER going to happen) or the home goes up for sale. The current mortgage payment for him is a couple of hundred pounds interest only payment. He pays no maintenance. My partner works part time but gets the benefits and just about manages to pay a huge whack of rent each month.
Her problem is the ex has not paid the mortgage this year at all. He has not made any contact with my partner to say why, apart from the odd 'I can't afford it'. They are jointly on the mortgage (lots of equity but unaccessible due to interest only payment) so she has been borrowing off her parents to pay the mortgage in order to protect her credit rating and get a mortgage in the future. She can't go on any longer doing this. She has sent him a letter from the solicitors saying if he refuses to pay it once more she will request the courts assistance to enforce the sale. He has still not paid it.
Ok, here are my questions.....

1) What are her chances of getting the sale enforced by a judge due to his behaviour in blatantly ignoring the court order? (The order says he may go to prison if he refuses to pay if he has funds - he is in work and has plenty of money for lots of drink and socialising)
2) Can she get the payments her ex has refused to make refunded to her upon sale of the property from his share?
3) Would she be allowed to take sole custody of the sale if she asks the court?
4) Does the fact that there are no missed payments as of yet (due to my partners future concerns) mean the chances of sale being enforced are reduced? Does she have to take a credit rating hit on the chin?

N.b - It's not the only payment from the court order he is refusing to pay, as he owes my partner money too from pre divorce debts.

Some further side points - he is a complete narcissist who is never wrong about anything. He will refuse to play ball next year when it's time to sell, guaranteed. He has a raging temper and has treated my partner dreadfully since I came on the scene, and has caused her sleepless nights with using the kids in his emotional abuse.

Thanks in advance for any advice you can give to my partner on this situation.
David.

OP’s posts: |
Ilovetolurk Sat 30-Sep-17 07:20:35

Can't help but you should move this post to legal matters, you will get more help there

theDrake Sat 30-Sep-17 07:40:08

Ok thanks for that - I have now posted it over there

OP’s posts: |

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