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Can ex really stop me selling?

(9 Posts)
Taylorandnicolesmummy Mon 20-Mar-17 18:46:48

Hi, wonder if anyone can shed some light on this strange situation...

Me and ex split 7 years ago, I am still living in the house with the DC, I have been paying the mortgage since he left although still in joint names. We divorced last year but no financials were agreed. This suited me at the time as I wasn't in a position where I could afford somewhere else to live.

I have since gone from part time to full time and am now in a position to sort out financials and move, however essays he doesn't want to sell the house... I suspect he is only saying this as an attempt at controlling me.

Can he really stop me selling the house? He has no interest in moving back in and paying the mortgage. Also if he's going to be this difficult just for the sake of it how do i go about selling if he doesn't agree...confused

Bailey101 Mon 20-Mar-17 18:54:13

If one of the owners doesn't want to sell it can be forced through the courts but it's sn expensive process. I assume he wouldn't buy you out of your share?

Your best bet would be to see a solicitor with all your records, proof of paying the mortgage etc and get their advice.

Collaborate Mon 20-Mar-17 18:54:44

You need to firstly refer yourself to mediation and after that you can apply to court if that doesn't work out. Complete a form A in which you tick all the boxes for orders you're asking the court to make (save for maintenance pending suit) and you will start the formal court process of a financial remedy application.

Taylorandnicolesmummy Tue 21-Mar-17 17:32:31

Thank you, no he can't buy me out, it would be very difficult for him to raise the cash through a mortgage as he is self employed. Also he lives in a larger house with his DP, the house we own would not be big enough. I honestly think it's about nothing more than him trying to control the situation.
I have a feeling he will refuse mediation too but we shall see.

babybarrister Wed 22-Mar-17 07:22:18

agree with Collaborate as usual - the only way to force his hand is to sort the financials on divorce - get it started asap by attending mediation - if he will not go then issue the Form A

NaiceBiscuits Wed 22-Mar-17 07:35:47

Is he renting, or is the house he's living in mortgaged, and is he on the deeds of it?

When you do the financials, ALL assets go into the marital pot to be split. If he owns/part owns the house he's living in, his share of that goes in, too. Pensions are part of it too.

Taylorandnicolesmummy Wed 22-Mar-17 17:37:33

Hes renting, I fully intend to split any equity

Taylorandnicolesmummy Wed 22-Mar-17 17:39:44

Thanks for your advice, I guess you can't force someone to go to mediation either?

babybarrister Wed 22-Mar-17 19:19:22

no - they get invited and then if they do not go you issue court proceedings

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