AIBU to ask for ideas how to get him to move out?

[BycullahRoad]

Asking for a friend who has been married for eight years and has a daughter with special needs. The marriage broke down, domestic violence etc., she moved out, got a non-molestation order against the husband, and is trying to start a new life by renting a one bedroom flat in a new town.

The problem is that the husband is still living in the matrimonial home, earning well and renting out a room, but not paying the mortgage which is still in their joint names. He refuses to move out, he refuses to sell, he refuses to rent the property out, but still the mortgage is not being paid. The mortgage company is obviously chasing payment and is therefore phoning my friend on a regular basis wanting payments that she cannot make.

She fears the flat is going to be repossessed, thus spoiling her credit rating and her ability to create a new life for her and her daughter.

Any ideas how to solve this situation that looks like it is going to end in even more tears? How do you get someone to move out when there is no incentive for him to do so?

If she is renting the new flat then the mortgage company can't kick her out of that address surely?

Sounds like the only way he's going to leave that house is when the mortgage company repossess it.
I'd leave him to it and take the hit on the credit rating.

Issue court proceedings immediately.

She's trying to avoid the hit to her credit rating but she wonders if this is a ploy to get around the non-molestation order and re-open dialogue. She just wants the property sold so that she can move on.

She needs to get a solicitor and take it to court. Family court will put in place measures and orders to be fair to both parties. Children always come first.

She needs to file for divorce and take it before the family court ASAP. She also needs to decline the mediation, due to DV that has to be offered before it can be heard in court.

Court proceedings,as others have said.

In Scots law a court can force the sale and split the proceedings at the request of one house owner. I assume England has a similar facility available

If the mortgage is in joint names and not being paid, her credit rating has already been affected.

She can check it for free at www.creditkarma.co.uk, also if he has taken any other loans etc out in her name.

If she keeps paying the rent on her flat, they can't throw her out due to the situation with the house, why would they? There's no link and it wouldn't achieve anything.

It does seem unfair that one party can trap the other into continued joint property ownership against their will. If he won't move out or sell, can she sign the property over to him to do with as he pleases? Is there any equity that she's entitled to a share of?

Are they going to get divorced and can the house be resolved as part of this. I would have thought that she needs to seek advice from the mortgage lender as to solutions, as this will be a relatively common situation, plus a solicitor. But if he's unco-operative, I'm not sure what can be done.