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Selling the FMH with a mesher order when one party doesn't want to

(12 Posts)
Stepmooster Fri 28-Dec-12 11:45:17

Hi, I had a lively thread going on step-parenting yesterday about bedrooms in my DSS home (my DH's FMH) that my DH still on the mortgage for. His ex wife re-married a year ago, and she and her new husband have made no effort to either buy my DH out or sell the house. The new husband has his own 3 bed home, and the FMH is a 3 bed as well. The other property is not local to the FMH though.

Other MNetter's suggested that my DH seek to get his charge realised. What does this involve? DH has just spent a lot of money sorting out contact through solicitors.

The order states the charge can be realised upon applicant wife's remarriage, but not without leave of the court whilst DSS is under 18. DSS is 11.

DH ex is not very reasonable to deal with, is the process of forcing a sale easy? Can the court/legal costs incurred by my DH be passed onto the ex if it gets too costly? If DH waits to go to court until he is a better financial position to fight it does he lose any rights to the charge if he lets them live in the FMH without pushing for his share?

Thank you in advance for any advice. DH is just weighing up options.

Collaborate Fri 28-Dec-12 11:52:00

I'd get it in to court if I were him. Costs might be recovered from the ex. It's enforced by either a buy-out or sale.

Stepmooster Fri 28-Dec-12 12:09:05

Hi Collaborate, what do the courts do? We think the house may go on the market at over-inflated price and sit idle for ages? Can DH ask the court to use independent valuation? Thank you for your help?

Collaborate Fri 28-Dec-12 12:13:06

The estate agent should be agreed, as should the asking price. Be realistic and follow the advice of the estate agent. In the event of a dispute the courts tend to follow the EA's advice. He should see a solicitor if he's unsure about completing the court paperwork etc.

RedHelenB Fri 28-Dec-12 13:32:13

Is there a reason you need the money? Or could you wait until his son is 18? Not the best time to sell right now & if you are already going to court over maintenance I can't see how pushing the sale of the house is going to improve matters.

Stepmooster Fri 28-Dec-12 13:44:36

DH and I live 50 miles from his son in my house I purchased before I met DH. We want to move closer but cant as DH is tied on the mortgage and we can't afford a mortgage alone on my salary. DH is not going to court over maintenance, not sure where you may have that idea from? DH has been spending a lot of sols fees trying to sort out contact, one of the things the ex said was, "why don't you move closer!"

Why should DH subsidise the new husband???

MOSagain Fri 28-Dec-12 14:20:45

Agree with Collaborate, he needs to get on with it and push for a sale as from what you've said, the ex wife can afford to keep a roof over the DC's head after the sale. Your DH should put his request in writing first (he can do it himself, doesn't need to get a solicitor to do it) and make it clear that if she doesn't agree to market for sale he will consider issuing court proceedings and there is a risk she may have to pay his costs.

RedHelenB Fri 28-Dec-12 17:17:13

Well is he subsidising new husband or helping house his child? Legally of course he can apply to court but it is worth thinking of the bigger picture too & how upset dc may/may not be at losing his home.

Is renting your house out & renting to be closer a possibility?

I'm just saying as things are already fraught it may be worth thinking hard about it. approx how much equity would he get if house were to be sold?

Collaborate Fri 28-Dec-12 18:18:53

New husband can sell his home and buy out old husband surely?

RedHelenB Fri 28-Dec-12 18:23:12

That's a possibility too.

Collaborate Fri 28-Dec-12 19:23:07

It's what the court would expect. No question about it.

Collaborate Fri 28-Dec-12 19:24:14

It's what the court would expect. No question about it.

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