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Can a court order someone to sign up to remortgage a property against their wishes.

(4 Posts)
sneezecakesmum Wed 21-Sep-11 20:18:21

Non married couple with a 16 yo DD living with mother. They have split up and the financial division on the house is going through the court. The mortgage on the property ends in october this year but the bank will grant a 6 month extension after which the (ex) couple will have to remortgage. My BIL doesn't want to do this obviously and be tied financially to his ExP. There is enough equity in the property for each to buy a 2 bed property and DD can live with whoever she chooses.

The question is the one above. Can the court (final hearing oct-nov time) force BIL to sign up to remortgage to give DD til she is 18 to live in the property and finishes college? I can't imagine this being the case - forced to enter a contract against your will?

meditrina Wed 21-Sep-11 20:26:32

I think you might have posted this in the wrong place - you might want to think about asking for it to be moved to Legal Issues.

Could you also clarify - saying the mortgage is up in 6 months would normally mean paid off. So if it is shortly to be owned outright, it seems crazy both to extend or to remortgage. Is there any reason why they cannot put it on the market with the aim off selling as soon as mortgage paid off, splitting the proceeds and acquiring new properties each?

sneezecakesmum Thu 22-Sep-11 10:36:02

Slip of the finger and was meant to be in legal!! blush
There is still 55K owing after the mortgage term ends in october as ex P decided to cash in the endowment and spend spend spend (par for the course)
Med - Ex P wants to keep the house and has offered BIL 20K - a profit for her of around £100K hmm

JiltedJohnsJulie Wed 05-Oct-11 10:16:55

Have no idea, perhaps you would be better starting the thread off again in Legal.

If it is already going through the court, would they be able to answer your BIL's question or had he got access to legal advice?

If the child is continuing in education, I think this will affect the issue too.

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