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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33316
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I have been divorced for 2 years but the house was never sorted

Customer Question

I have been divorced for 2 years but the house was never sorted out. My ex wife is on the mortgage and deeds but she did not buy the house with me and was only on it for a few years before we split. she is trying to force me to sell the house, she does not pay anything towards it and i now have a new partner with a 7 year old step daughter and a baby on the way.

She wants £5000 only which is fine but i cannot get her off the mortgage as i am in an iva so it is impossible for me to re-mortgage in my sole name. Is there some legal move i can make that allows her to sign some kind of legally binding form at the same time as i pay her £5000 that states she has no claim to the house or even better, removes her from the deeds?

I want to just sell the house and be done with it, but as i cannot rent or buy anywhere else until my iva is done (4+ years) i am loathe to make my family homeless just so someone can have £5000, surely a judge would not make me sell the house in these circumstances would they?

Please help - i just do not know what to do.

key facts..

1. house is worth about £195000, mortgage is £160000 in joint names
2. my ex wife only wants £5000 which i can raise
3. i am in an iva so cannot rehome if i sell the house as i have no credit worthiness.
4. my ex wife is employed full time and has her own flat with no dependants.
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Does your ex actually own her flat?
Clare
Customer: replied 2 years ago.

no, she rents it

Expert:  Clare replied 2 years ago.
Hi
Then unfortunately there is indeed a good chance that the Court will Order the sale.
This is not about your ex receiving £5000 - it is about her being released from the mortgage so that she can move on with her life and purchase another property and own it - just as you own a property.
I am sorry - I know that this is bad news - your only hope is that your ex will not take the matter further
Please ask if you need further details
Clare

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