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Tenants in common - refusal to sell

(6 Posts)
ddrmum Fri 02-Sep-11 12:57:17

Hello, I have asked exH to agree to sell former FMH as I cannot afford the payments on the house & the mortgage is in arrears. I've paid 50% for the last few months. He has refused to agree to sell. As tenants in common (I had the joint tenancy severed), can I force a sale? Do I have any options? We're due to go to a final hearing in Dec and I want to move back to my own house with the 3 children. It's nearer family and affordable which he is preventing me from doing. Can anyone stop me moving? sorry for the ramble, just stressed out about it all.... sad I'd appreciate any viewpoints.

Collaborate Fri 02-Sep-11 13:25:07

It will all get dealt with at the final hearing. The court will order either sale or transfer.

babybarrister Fri 02-Sep-11 13:46:28

Message withdrawn at poster's request.

ddrmum Sat 03-Sep-11 10:37:23

Thanks for your help babybarrister & collaborate, I got the date for the final hearing through yesterday and I will let my mortgage company know & wait. I don't have a solicitor at the moment as I simply cannot afford it. It's cost over £30k to get to this point and I feel like I'm being hung out to dry tbh. Due to additional false allegations made by ex, I'll be back in court dealing with issues under the childrens act & if i need representation my children will come before any house. I cannot believe what depths some people will stoop to in an attempt to discredit another human being and take what doesn't belong to them. Not a person who loves their children in my view. It's very sad. Thanks once again for your input - much appreciated.

babybarrister Sat 03-Sep-11 17:46:36

Message withdrawn at poster's request.

ddrmum Sun 04-Sep-11 12:43:18

Thanks so very much babybarrister. I will write to the bank with a copy of the court date and copy of letter sent by exH in response to my request to agree to sell. It is very helpful advice. I have told him that I will forward it to the mortgage company and advised him that as he remains on the mortgage so is jointly liable. The bank have agreed a reduced amount for this month & I did write to the ex (he got his bro girlfriend, a solicitor) to respond. the upshot being, no sorry you're having financial difficulties but I' having your house so you can deal with the problems in the FMH. doesn't seem to matter that it may leave 3 children without a home sad. Wishing you all the best in everything you do, ddrmum

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