Advice on how to apply to court for sale of jointly owned house

[smilingthroughgrittedteeth]

Can anyone help with some advice.

DP divorced over 8yrs ago for some stupid reason no financial separation was done and he is still on mortgage of house. Cant afford a solicitor and Ex is abusive (no evidence as he never reported anything because he was ashamed) and hard to deal with so only option is to apply to court. Ex still lives in house and has paid mortgage since DP left 13 years ago.

He isnt interested in getting money from the house just wants his name off the mortgage.

No money or other assets on either side, children are now grown up.

Where does he start with this?

He needs to see a solicitor to apply for an Order for Sale.

You do need to sort out a financial settlement. He can start this and there’s no clean break divorce without this happening. You should both want this and of course he should push this forward. Agree with the order of sale and he can pay the bill from the house proceeds! He’s not penniless!

Sorry I dont think I was clear im talking about my DP and HIS ex wife. She was abusive to him and is still trying to control him using the house. He has offered to have his name removed and spoken to the bank who say she needs to apply for a mortgage in her solely her name but she is refusing to do this, meaning the only alternative is to go to court. However we dont have the money to pay a solicitor up front which is what everyone is asking for, so wondering if there is a way to apply to court without using a solicitor.

As the previous poster said, what happens to the house will depend on the financial settlement.

"...for some stupid reason no financial separation was done and he is still on mortgage of house."

.

"However we dont have the money to pay a solicitor up front..."

You don't need to, you can do it yourself.

The first step is that you have to attend a compulsory mediation session. This costs £120. His ex may refuse to take part in mediation.

The next step is to apply for a financial order.

The government website explains how to do it and what forms you need to fill in:

https://www.gov.uk/money-property-when-relationship-ends/get-court-to-decide

The court fee is £313.

The website explains in very simple language what forms you have to fill in and what the procedure is.

He was married so he needs a financial order. Can be done through court or mediation. Does need to pay solicitor although one initial meeting might be helpful.

DIY is risky and he’s not good at negotiating! Do you not have money to help out?

Before you can get an order for sale he will need to apply for financial
settlement which will require financial
disclosure on both sides . His ex may be entitled to pensions or other assets ( as could your dp)

If he’s still on the mortgage I wouldn’t be taking the exs word that she’s paid it for last 13 years I would be double checking with the mortgage company what the remaining mortgage is. Also request a copy of the deeds a few pounds from land registry. Surely this has impacted his credit rating if he’s still linked to ex.