Can my ex force a sale on a negative equity FMH??

[jlowe101]

Don't seem to be finding any answers on all the web sites I'm trawling, but my ex has threatened me with forcing the sale of the FMH even though it's in negative equity, I have applied to the mortgage company to have him removed from the mortgage but they won't allow it, I have no one to act as guarantor and seem to be a little stuck, I have 3 kids all under 10. My credit rating is shot, coz of the debt he left me with so I'm between a rock and a hard place... anyone help out there X 3> X

See a solicitor or book an appointment with CAB. If you're going through a divorce there are specific rules & precedents on marital assets, maintenance payments and the provision of accommodation for children. My understanding is that one party in a jointly owned property cannot put it up for sale unilaterally if you are both on the deeds and both on the mortgage. It has to be mutually agreed.

He could get a court order - when you say ex were you married?

Yes, you need to clarify whether you were married and if so, if you are now divorced. If you are divorced, did you not sort out the finances at that time? If so, then it should be set out in the Court Order when and if the FMH should be sold.

If not married and the house is in joint names then your ex will be looking at a long and potentially expensive claim under the trust of land act if you can't agree to a sale.

More info needed for anyone to be able to advise you properly.