I would really appreciate some advice as a good friend of mine is in a sticky situation and needs some help (he will see a solicitor asap but isn't particularly well off at the moment so any advice would be great)
Friend and his ex own a property with a mortgage and have 3 children (all under 10). His ex left him and the children and has now set up permanent home (rented) nearby. They share care of the children equally between both homes.
The plan was for him to remain temporarily and then to sell the property as soon as possible, but since moving out she has refused to discuss the property or any future plans for it, despite knowing he can't afford the mortgage on his own - the very reason she didn't want to live there and let him move out. He has has written to his ex a number of times, formal letters trying to discuss, offering mediation etc, all ignored. He's been paying the mortgage (struggling) for 2 years and she hasn't paid a penny or shown any interest in resolving the property. Actually she text him about it once saying she doesn't want to sell it as it's negative equity (around 30k) and will only let him sell it if he agrees to pay all legal and selling fees and make up the shortfall (30K) which is ludicrous to him as she literally thinks she can walk away and dump him with the stress of this massive debt!
He has now had enough and moved out. He is no longer paying the mortgage and wants to apply to court to force the sale (TOTLA I believe he said it was or something similar) he is making the application (himself) next week.
Problem is, EX has now been made redundant. She is saying as the property is empty she is moving back in and he is worried once she gets back in there she will use the fact it is the kids home (half the week) to block the sale. She has no income and he is worried that despite her living there and not working he will be liable to pay the mortgage as he is employed.
Can anyone offer some reassurance? I've said to him surely he won't be expected to pay for the mortgage for a property he has tried to sell for 2 years just because she has decided to move in there now she's lost her job and knowingly do so knowing she can't pay the mortgage?
Secondly, would she be able to use the "childrens act" once she is in there to stop him selling the property? They have shared residency so it would be the kids home half the week, but she already has a home and would be voluntarily giving that up (she has to pay rent there) for the home she thinks she can live in at my friend's expense.
He is making himself ill worrying about it all as IF he had to pay the mortgage whilst she lived there FREE he wouldn't be able to afford rent on his new (much smaller and cheaper) place and would have to let her have the children full time (maybe she has considered that?).
Any advice?