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Original poster

Forcing a house sale

5 replies

xxlindaxx · 06/08/2018 18:45

Hi I have been split up from my ex for 5 years and we have 2 children. Never married. We got a joint mortgage in 2006. He lives in another county and took me to court to stop me moving with the children. We have a contact order where the children reside with me but he has access in the holidays etc. I have tried numerous times for him to try and get my name off the mortgage but be just ignores it. Just wondering whether a forced sale would get my name off and how hard a process this would be. Any help would be appreciated. Xx

OP posts:
19lottie82 · 06/08/2018 20:19

You can’t just “take your name
Off a mortgage” your ex would need to apply for a new mortgage on his own, Does he earn enough for this? If not then you’re pretty much stuffed, even if he did want to take it on alone.

Forcing a sale through the courts can be very messy and VERY expensive.

I’m no expert but I’d imagine mediation would be the first step.

xxbecksxx · 07/08/2018 12:05

Hi I know I can't just take my name off. I've asked him to contact the mortgage people and I don't think he could afford the mortgage on his own that's y he always ignores me. I don't want to be tied to him for the rest of my life so wondering whether I could force a sale.
Mediation is a no go. I will prob just have to see a solicitor and see what they say

Shmithecat · 07/08/2018 12:08

Name change fail OP

19lottie82 · 07/08/2018 14:52

A solicitor is prob your best bet then OP, but he will prob the same, forcing a sale will be very expensive and I imagine a judge will want to see evidence of mediation before they get involved.

Maybe try posting on the money saving expert forum on the housing section, they will be a bit more knowledgeable.

Singlenotsingle · 07/08/2018 15:04

Are you saying you earn enough to take the house on in your sole name? ie force him to sell it to you? Or if the mortgage is in joint names, ask for a Court Order to allow you to put it on the market without his consent? You'd need to be able to convince the court that you had somewhere to house the DC. Or if you are responsible for the mortgage payments, just default and it would get repossessed - not really adviseable, as you'd lose money and your credit rating would be wrecked. the

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