Forcing sale of property - financial settlement

[needagirlsnight]

Hi I wondered if anyone has advice or experience of having shared care 50/50 of the children and forcing the sale of the marital home?

Divorce finalised 8 years ago, ex still hasn't "used best endeavours" to remove me from the property and this is still preventing me from getting my own mortgage. My solicitor thinks judge would order the sale as the children are disadvantaged when with me as I cannot get a mortgage to provide secure home. Also ex missed mortgage payments a few years ago which ruined my credit record.

Ex does say will remortgage but never actually does it so enoughs enough and I am starting the next steps to take this to court.

The costs are eye watering and it seems so unfair that I have to fund this when I'm the one at a disadvantage.

Anyone had experience of this when sharing children 50/50?

She said her credit rating is ruined by her ex not paying the mortgage for a time.

Yes, a few years ago. Doesn't mean she can't get a mortgage...

I can get a mortgage my credit has recovered and he hasn't been late again, I spoke to a broker and I should be ok to get a mortgage now after 3 years, I want to buy a property big enough for us but any amount we can borrow will be reduced by the remaining amount on the old mortgage

@Pickledpenguin I can just imagine the fireworks haha

The land registry fee when I did it 2 years ago after my mum died cost me £40 and half an hour getting the forms countersigned. What's his excuse?

He needs to remove her from the mortgage first. Thats the hard part.

I’d offer him a financial incentive if he just bloody does it.

Start court action, file the case, dates might be a while away but it might give him the incentive to act. A court date roll focus his mind

Did you agree the split amicably or did it go through court? Judges are keen on clean break and the intention was clearly for him to take over the mortgage so I suspect it will be ordered, even with 50/50.

You could mention that you are applying for costs against him as its his delays that have caused the issue.
If he got legal advice he would be asked if he could afford the mortgage, if so then he will be told to get on with it.

Get it filed...nothing will happen until you do it and my guess is that as a court date approaches he will suddenly sort it out

@Fireflygal it was agreed between solicitors but never stamped in court due to solicitors delays.

I am starting the ball rolling with it. Ex seems to think no judge would force the sale as it's the kids home. Problem is they also have a home with me that isn't secure who knows but I can't hang around anymore hoping and waiting.

If you dont have a signed consent order, then you dont have a consent order. I am not a lawyer but I would certainly be taking advice on this. Without a signed consent order basically isn't everything still up in the air and he could come back for a second bite if he wanted and so could you. Id be getting it in Court asap, it could be well worth it to stop him having further claims against you down the line.

@Ohsugarhoneyicetea thank you.

Yes I've got written and verbal legal advice, there is no consent order stamped. Lawyer said they probably will want a new consent order or there's a chance they will say that as I received payment the old one should stand - we won't know until court but my solicitor thinks strong chance in my favour.

So yes potentially still in the air and each open to claims from the other.

I think your ex is relying on you not to take legal action to enforce. In the first instance he will have to demonstrate that he has attempted to adhere to the signed consent order (albeit not sealed)

He is also risking his finances being reopened and potentially he has risk. Obviously the details here are highly relevant but assuming there are no major changes in circumstances such as he has ill health I imagine a solicitor would advise him to follow through with the remortgage.

Apply to court and see if that triggers his action. A court will expect him to attempt to resolve the issue before a hearing so you should at least get his reasons as to why he thinks he can't comply.
If he has been deliberately blocking he could risk a judge deciding you have had financial loss.

@Fireflygal

The one thing I am slightly worried about is that my earnings have increased to 3 times what it was when we were together - he isn't aware of this currently but is there anything he could do with that info? I earned less than him during the marriage but now I earn more than twice as much as him.

I would think that your increase in earnings is another reason for you to be off his mortgage. As the only reason you cannot get your own home is his negligent and obstructive behaviour. Coupled with him damaging your credit record in the past, after the divorce, I would think a judge would look very poorly on his behaviour. Definitely pursue this, you could get off his mortgage and get your consent order signed, two good investments.