Please or to access all these features

Add post

Watch this thread

Save thread

Start a new thread

Flip thread

Hide thread

My feed

Active Unanswered threads

Getting started FAQ's

Unanswered threads Acronyms Talk guidelines

Hide shortcut buttons

Talk

Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Flip

Original poster

Can ex force house sale?

18 replies

BettySweaty · 09/04/2021 17:05

Just that really. Been split for 9 years although still legally married as couldn't afford a divorce due to the amount of debt he left. A financial disassociation was made at the time. He's got ongoing issues with debt and is demanding house sale. There is no equity in the house. X2 dc. Youngest is 12.

Legally, can he do this? Anyone know what options there are here??

OP posts:

Soontobe60 · 09/04/2021 17:08

Short answer is yes, but not easily. I’d be amazed if there’s no equity in the house after at least 9 years. Have you seen how much house prices have risen recently? My house has gone up in value by 25% on 2 years, my DD by 35% since Jan 2020!

Singlenotsingle · 09/04/2021 17:10

Why does he want to sell if there's no equity? Maybe he wants to buy another property but can't because he's already got a mortgage. Could you take the house over in your sole name? It's unlikely a court would order a sale if there's a child of the family living there.

Original poster

BettySweaty · 09/04/2021 17:20

He left £40,000 of debt with the mortgage in arrears. This has been paid over time.

I think he's panicking because he says he's going bankrupt

OP posts:

rwalker · 09/04/2021 17:22

If he's got a stake in it they could come after it .

prh47bridge · 09/04/2021 19:04

As you are still married, when you divorce the house will go into the pot to be divided between you along with all the other assets. That doesn't mean he will automatically get a slice of it but he may do. If that happens, you may have to sell the house. However, if there is genuinely no equity in the house he won't be able to force a sale. After all, if there is no equity he wouldn't benefit from a sale.

You really need to get divorced and reach a financial settlement.

Embracelife · 09/04/2021 19:09

Speak to lawyer
Get a divorce
In theory yes of course any party can fircd sale but you can look at taking on mortgage yourself
If no equity you don't need to pay him anything

RedFrogsRule · 09/04/2021 19:10

I could not get a financial dissociation whilst we shared a mortgage? Please tell me you haven’t taken on a mortgage in just your own name whilst he still owns the house? (You own the whole debt. He owns 50% of the house? )

You need to divorce and get a complete finance agreement otherwise he will always be able to wave control over you. He will also be able to accumulate debt which you still remain responsible for.

moochingtothepub · 09/04/2021 19:11

Get a divorce - costs £550 online. You then need to either sell or he puts the house solely into your name

MrsBertBibby · 10/04/2021 07:13

If he is made bankrupt, his share in the house will vest in his Trustee in Bankruptcy. You would have to reach agreement with them, rather than your ex, about the house, and they have much greater ability to force a sale.

You really need to get on with a divorce and see a solicitor for proper detailed advice.

Farahilda · 10/04/2021 07:39

When did you last have the house valued?

Are you sure there is no equity - not even to the tune of the deposit ?

Agree that you need to get this sorted out, and it may as well be now. Get rid of your albatross completely

RedFrogsRule · 10/04/2021 08:40

Two parts to divorce

legal bit which ends marriage
financial document which agrees who has what

The first part is easily done yourself on line and I cannot recommend enough that you start to do it now. You can do the petition which starts it and then your intentions are made clear

If there is no equity or other money to share out get a simple financial agreement which puts house into your name and removes him from mortgage.

Then he has no power.

You need to know that if he goes bankrupt the official receiver will explore the financial agreement to ensure that he doesn’t have any right to anything given to you. You need written valuations of the house so you can demonstrate no equity.

RedFrogsRule · 10/04/2021 08:43

www.gov.uk/divorce/file-for-divorce

£550 starts you taking control of your life.

He could cost you that in the space of a day as you are legally still responsible for any debt he incurs whilst you are married

Bluntness100 · 10/04/2021 08:44

Yes of course he can do this, can you buy him out?

If not then yes he can ans I’d prepare to move.

MeanMrMustardSeed · 10/04/2021 08:47

Sounds like you can’t afford not to get a divorce.

MarieG10 · 11/04/2021 08:02

@RedFrogsRule "He could cost you that in the space of a day as you are legally still responsible for any debt he incurs whilst you are married"

Since when did any law, and even marriage make a person responsible for their spouses debt? The only impact is as already stated against jointly owned assets and a sale being forced but the OP won't have to use her assets to lay his debts

Avidreader12 · 15/04/2021 06:32

I work in mortgages and can see consequences of spouses debt. Simple scenario ex partner takes out unsecured loans and allows these to go into default, loan company then takes party to county court for arrears gets a court order secured on jointly owned property. Both parties now liable for debt.

StarCat2020 · 15/04/2021 06:44

Get some proper advice.

CAB should be able to advise you of next steps.

Collaborate · 15/04/2021 13:31

@Avidreader12

Not correct. A charging order can only be obtained against the debtor's interest in the property. Not the debtor's spouse's interest.

Flip

Swipe left for the next trending thread