Separation

My friend is going though a divorce. The legal bills are mounting and he has asked me for advice about what to do about the selling of his house. His wife will not sell it and he is stuck paying for the mortgage. How can he force the selling of it. Should he go into the bank a say that he cannot pay the mortage any more and let them sell it.
Just a bit of background info: There are no kids involved and the marriage was less than 6 months.
Any advise welcome.

I don't know if what you're suggesting is even possible under the terms of his mortgage. Even if it were, the bank would almost certainly refuse to do any such thing. Regardless of whether or not her name is on the deeds or the mortgage, the house cannot be sold or transferred back to the bank without her consent in writing.

While divorce proceedings are ongoing, it's practically impossible for the house to be sold. Even if he somehow succeeded in doing so, the courts could set it aside. In such a short marriage, with no children, the fact that he is paying the mortgage will be taken into account by the courts in deciding how their assets will be divided up anyway.

Thanks mallow. This whole process is a real eye opener for everyone involved.

I think for your friends sake he should do everything he can to protect his asset. It will affect his credit rating if he stops paying the mortgage and I'm sure he will need to get a new mortgage at some stage in the future.

If his ex-wife is being unreasonable and it sounds like she is, I would get his solicitor to write to hers stating that he is finding it impossible to live his life and cannot sustain the mortgage payments on his own. Either she pays half the mortgage until this is sorted out or he could always threaten to move back in. It's his house too (by the sounds lof it) and if she's made to feel uncomfortable she might be more inclined to be reasonable. Alternatively he could say he has to rent a room out in order to make the mortgage payments. Why would she try and sort this out? She's living in the house and having the mortgage paid every month.

I really hope it all works out for your friend but he's got a long road ahead of him by the sound of it.

Separation or Divorce?

Not that it matters that much - if there are proceedings out there, he can apply for an interim order to sell the house. He will have to persuade the Court that its a good idea. It might also make the other spouse consider the possibility of selling now rather than letting the legal bills mount up.

Other than that, he should be doing everything he can to make sure the case gets on a.s.a.p. There is nothing like a Court date to focus everyone's mind on settlement.

mf

Thanks for all your help.

Ludwig said:

I think for your friends sake he should do everything he can to protect his asset. It will affect his credit rating if he stops paying the mortgage and I'm sure he will need to get a new mortgage at some stage in the future.

If his ex-wife is being unreasonable and it sounds like she is, I would get his solicitor to write to hers stating that he is finding it impossible to live his life and cannot sustain the mortgage payments on his own. Either she pays half the mortgage until this is sorted out or he could always threaten to move back in. It's his house too (by the sounds lof it) and if she's made to feel uncomfortable she might be more inclined to be reasonable. Alternatively he could say he has to rent a room out in order to make the mortgage payments. Why would she try and sort this out? She's living in the house and having the mortgage paid every month.

I really hope it all works out for your friend but he's got a long road ahead of him by the sound of it.

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Hello,

My husband and I are going to separate...and we have 3kids from 3 to 8

We would consider ourselves as having done well.

- small mortgage on valuable home
- property in spain
- and other large house built on my homeland with rental income.

My husband has a good job but unfortunately I do not work anymore due to illnesses so, have no real income only invalidity pension.

My father left me a site on my homeland 2007 and we built a house there in last 2 Years. This will be very distressing for my father as it was a gift to me and it is on home land. So, with all the work I put into this project and emotionally attached to it......I would hate my husband getting a share of it if we had to sell this property as a result of separation. we as a couple built this house to a high standard so that if we had to move for jobs we would have it + it would be my pension.
Also, my husband has an excellent pension with his work.
How do I stand ?
- can I keep family home
- trade house on family land for his share of pension.
I would love to keep the house on home land in GAlway but, yet stay in family home in Offaly where kids are settled etc

Find yourself a good solicitor and start negotiating with your ex husband.

It may take a long time and it is very stressful. I ended up with the family home and the investment property that I had purchased from my own income. I opted for no maintenance for our children as I have a full time job.