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Original poster

N208 forcing house for sale

7 replies

Mum2EmLuJa · 23/02/2025 15:03

Hi,

After some advice. Sorry for long post.

Circumstances are I jointly own a property with ex husband (been split up 14 years) but didn’t sell the property as firstly I lived there with our daughter and then when I moved 2 years later (12 years ago)because it was in negative equity we rented it out. 2 years ago he moved back into house on his own when his relationship broke down on promises it was temporary and would sell soon. It has been listed for sale for approximately a year but in this time he has not answered door on 4 viewings and the for the last 6 months has not been paying the mortgage/totally uncontactable/not paid maintenance for our daughter for a year. I have spoken with his mum who has said he hasn’t been working and he is now a full blown drug (think cocaine) addict. The latest is that he stopped a viewing taking place yesterday by not answering the door. I have rang the mortgage company asking if they can just repossess it straight away but they advised due to small arrears currently that wouldn’t be happening till end of this year at earliest. I am at a total loss what do to. The mortgage balance is currently £131k and house is worth approximately £190k. I need it sold before arrears get worse and him removed from property. He owes money to child maintenance (to me and his other ex) and HMRC for VAT so for all I know there are charges against his half of the property but I would have no idea and they are not my debts if so.

I have an appt next weekday with a solicitor to help me complete the form but will then be representing myself as can’t afford further costs. I feel sick over it all..wanting to know if anyone else has gone through this and their experiences of how long the process took/how much it cost them and if court took fees etc out of their share of equity and could forcefully evict them as he won’t let anyone in and even if offer is accepted I know he won’t sign anything.

OP posts:
JoyousPinkPeer · 23/02/2025 16:06

You need to take charge and be there for viewings. Have an open day on a Sunday perhaps.

Sassybooklover · 23/02/2025 16:38

Honestly, I think these are questions only a solicitor can answer. You both jointly own the property, so legally he can't stop you from entering the property. Assuming you still have a key or he hasn't changed the locks. Can you just let yourself in?! The issue with viewings is, even if he allowed entry into the property, what state is it in? If he's in the throws of addiction, it could be in a dreadful state and not currently saleable. No one is going to buy a filthy house, that may or may not need repairs. I'd be taking the property off the market temporarily. You need access to the property as a priority, to judge if the property is in a condition to sell and your husband ideally removed (not sure, as he jointly owns the property, that's even possible) and then put the property on the market. If the mortgage is in arrears, are the mortgage provider not requesting payment from you? If the property is repossessed, the mortgage provider will only be interested in the money they are owed, if that means the property sells for significantly less than market value, then they aren't going to care. You don't want the property repossessed if at all possible, you need to sell it, so you receive market value, and half the equity.

Original poster
Mum2EmLuJa · 23/02/2025 16:46

JoyousPinkPeer · 23/02/2025 16:06

You need to take charge and be there for viewings. Have an open day on a Sunday perhaps.

I should have mentioned I live 160 miles away from the house/him. Part of reason I moved away was due to his controlling behaviour. His mum got a spare key made that she gave to estate agents but he blocks the door or puts a key in other-side so even if I was there he would do the same 😢

OP posts:
DorothyStorm · 23/02/2025 16:49

Are you divorced?

Original poster
Mum2EmLuJa · 23/02/2025 16:51

Sassybooklover · 23/02/2025 16:38

Honestly, I think these are questions only a solicitor can answer. You both jointly own the property, so legally he can't stop you from entering the property. Assuming you still have a key or he hasn't changed the locks. Can you just let yourself in?! The issue with viewings is, even if he allowed entry into the property, what state is it in? If he's in the throws of addiction, it could be in a dreadful state and not currently saleable. No one is going to buy a filthy house, that may or may not need repairs. I'd be taking the property off the market temporarily. You need access to the property as a priority, to judge if the property is in a condition to sell and your husband ideally removed (not sure, as he jointly owns the property, that's even possible) and then put the property on the market. If the mortgage is in arrears, are the mortgage provider not requesting payment from you? If the property is repossessed, the mortgage provider will only be interested in the money they are owed, if that means the property sells for significantly less than market value, then they aren't going to care. You don't want the property repossessed if at all possible, you need to sell it, so you receive market value, and half the equity.

No I don’t have a key but his mum
does and she gave an extra to estate agents but when they turned up he had blocked the door with a boiler against it and key on otherside of lock. I live 160miles away and have full time job and 3 children so can’t get there. Yes they have been asking, I spoke to the mortgage company and said if I made a contribution (which no way in hell I would) this would delay any repossession process further. I know I wouldn’t get as much/possibly any equity if it was repossessed but I am just so exhausted by it all that that option is better than being in this financial tie with him 14/15 years after splitting up

OP posts:
Original poster
Mum2EmLuJa · 23/02/2025 16:53

Oh and currently house is in a good state as his mum stayed with him a few days last week and tidied it all up, but she has gone now and no longer speaking to him as he stole her bank card and purse on Thursday.

OP posts:
Original poster
Mum2EmLuJa · 23/02/2025 16:54

DorothyStorm · 23/02/2025 16:49

Are you divorced?

Yes for 12 years but I have remarried so can’t get a financial order now

OP posts:
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