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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

have you told your mortgage company the date of the final hearing? you also need to make sure that the judge in the final hearing has copies of the correspondence with the mortgage company. the reality is that the court has no powers to make the sort of order you are looking for on an interim basis and even if it did the time frame prior to the final hearing is such that nothing would actually happen - your mortgage company will know this and will also know that if they bring repo proceedings that they will not actually get the house sold before Dec this year you may find yourself in a situation where repo proceedings have been started prior to your final hearing but this does not mean that they HAVE to culminate in a repo if the debt is then paid off - the whole process does take a number of months. your solicitor really should be advising you about all of this and you must make sure that he/she writes to the mortgage co to tell them that the final hearing is about to take place

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

send the hearing notice to your mortgage company with a letter asking them to wait putting off any proceedings as you are hoping to be able to sell the property. make sure all the correspondence from the mortgage co goes into the hearing bundle. make sure your ex receives copies of letters from mortgage co threatening repo and ask in writing whether he will consent to sale

sorry but there is really nothing else you can do in the meantime

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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