Buying me out of the marital home

[Clair384]

Me and my ex husband divorced about a year ago. I left him as he was emotionally abusive and when I had left got violent with me. He still lives In our house with his new girlfriend and her child. I've been told by his mother that he can't get a remortgage to buy me out and as I have somewhere to live I don't need the house so I decided to call the estate agent and get the house on the market. I received a letter stating that he is refusing to put the house up for sale and that he would give me cash? Can he do this as I'm sure he can't or would it all have to go to court. Confused at the minute. Thanks

Why wasn't the house discussed in the divorce settlement?

When you divorced did you not deal with financial matters? If the property is in joint names, then yes I'm afraid he has every right to stop you selling it. You really should speak to a family lawyer and take advice.

Unfortunately we couldn't do anything with the house when he divorced me as we was in an Iva. My half of the Iva was cleared last year but his half early this year. We went through mediation about the house and was told we couldn't do anything until it was paid off. He's had evaluations done and has looked into getting a remortgage but has been refused

First thing, don't go marrying anyone until the house is sorted.

You need to apply to the Court for the financial bits of the divorce to be sorted. Talk to a solicitor first. The Court order a sale if he can't buy you out and get you off the mortgage.