# Documents that can force people to sell houses



## mattgriff (7 Apr 2010)

Does anybody know if my wife and I (soon to be divorced) are able to get something drawn up by a solicitor which will stand up in court which would advise that:

I take over payments of the mortgage - and she has no claim to the property.

If in 12 months time I am unable to obtain a mortgage to buy her out that I would be forced to sell the house.

I belive we may be able to change our status somehow which means if I did not meet these requirements she could apply to the court for an order to sell which they don't tend to refuse?


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## mf1 (7 Apr 2010)

That is a very confused question! 

If what you are asking is - is it possible for a married couple to reach agreement between themselves as to how they wish to regulate matters? is it possible to ask the Court to make that an order by consent? is it possible to enforce any such agreement? Court order? 

What you cannot do is relieve one person of their obligations under the mortgage unless the lender agrees.

The answer to each is Yes. But wherever there is any degree of future uncertainty, it is impossible to advise as to how people may subsequently change their minds, disremember, disappear , whatever. 


You should talk to your solicitors.

mf


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