Ex and mortgage

[user1489434024]

My ex wife of 7 years is still on the mortgage. She lives elsewhere. I now live in jointly owned property with new wife and children in southwest Wales.

Due to marital debt I've had adverse credit. So been unable to get my own mortgage and therefore release her from the mortgage. The existing mortgage company no longer lend so that isn't an option.

Would really like to stay here and not move as children are settled etc.

What can I do? She's saying she's applied for a court order to force the sale of property. Would the judge do that when we have children residing here (albeit not her children)?

[MrsBertBibby]

Oh Christ, you've remarried.

You need a lawyer. A really decent one.

Where roughly are you?

[MrsBertBibby]

And yes, she can, and yes, the judge quite probably will.

Who was the petitioner in your divorce? Sorry, you did say you're in Wales. Can't help with a recommendation there.

[Quartz2208]

Yes and they probably will. Ask yourself is she doing this to be mean or vindictive or more likely has reached a point where she needs the equity from the house for herself. The house is both of yours.

They should take into account the fact that you have been paying the mortgage and split appropriately

[Collaborate]

If you divorced her, then the situation isn't as bad as it could be.

If she divorced you she can apply for a transfer of property order, but you can't (you can't apply after remarriage - the petitioner makes their application in the petition).

If I were advising her she'd be applying for an order for sale under the Trust of Land Act.

[user1489434024]

She's applied for transfer of property order...

[user1489434024]

No property adjustment order sorry