Do I have the right to force a sale?

G

Garvies Local

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My wife and I separated over 6yrs ago, she "bought me out" of the family home (for a very low amount), and I waived my rights to the house and have been indemnified against any future claims against the property. She was supposed to try and get the mortgage into her own name but the bank have refused to do it, saying she does not earn enough to pay the mortgage, even though she has been paying it since the separation. We have tried on three occasions. She has not tried to better her financial situation in order to look better for the bank. I want to purchase a property of my own but the mortgage providers say I'm still liable for the joint mortgage and therefore won't assist me, basically saying that clause in our separation agreement doesn't mean a thing.

So my question is, at this point can I try to force the sale of the house? It's not really what I want to do but I can't see any other way of doing it so that I can move on with my life and get a home of my own.
 
What did the separation agreement say?

Did it not impose a time limit on her to get the mortgage into her own name or sell the house?

Brendan
 
Garvies Local said:
the mortgage providers say I'm still liable for the joint mortgage and therefore won't assist me, basically saying that clause in our separation agreement doesn't mean a thing.
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My mother was in this situation in a separation agreement. It took 10 years for her to convince a bank to allow her only on the mortgage.

Are there children in the house. What are their ages.
 
Brendan Burgess said:
What did the separation agreement say?

Did it not impose a time limit on her to get the mortgage into her own name or sell the house?

Brendan
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No time limit as such "until the Wife is in a position to obtain the consent,on terms which can be reasonable complied with."
 
Bronte said:
My mother was in this situation in a separation agreement. It took 10 years for her to convince a bank to allow her only on the mortgage.

Are there children in the house. What are their ages.
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Unfortunately yes; 12, 15, 21.

Which is why I said I didn't really want to do it. If there are alternatives, I'm open to suggestions.
 
Garvies Local said:
[Children] yes; 12, 15, 21
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Very unlikely to suceed in getting an order to sell at this time.

However if you file for divorce, you have the opportunity to revisit the settlement terms & have a date put on the order for the family home.
 
Garvies Local said:
Unfortunately yes; 12, 15, 21.

Which is why I said I didn't really want to do it. If there are alternatives, I'm open to suggestions.
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So she can't get a mortgage, you force a sale and then she and the children go where exactly? Anyway that's not going to happen because you will be lucky if you can get your equity by the time your youngest is 22 (end of third level) as no court will force it for you.

I do know of two cases where a woman had to pay their ex's. But in both cases the children were not at home and in both cases the women got the money without selling.

Before there is any mention of sexism, generally the woman gets to stay in the family home. And generally the man ends up in inferior accommodation. Unless you have assets and/or both are in good jobs.

So Garves what can you do to get your ex a mortgage ie pay something for her to lower the mortgage amount so a bank bites or do some kind of side deal with her to get your name off the mortgage.
 


In my case I bought my ex husband out of the family home. He ended up getting a fine council house. I had to move jobs a few times as I was initially laughed out of the lenders trying to borrow enough to do a transfer of equity.
I've since sold that home and have a mortgage on our current home
I do think that I might be in the minority of ex wives that do this. Hard to know without proper data but anecdotally I see a lot of women in houses while kids grow up, with the plan of selling when older. That's a risk to both parties really. My ex never paid maintenance either. I didn't want to have a judge rule in case I was left with an agreement to sell when I'd be in my 60s.


OP if your name is on mortgage you should be able to get statements from the lender. That should be your first port of call to gather information. Find out how much is on the loan. Go to a broker and see if tgetes options
 
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