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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33953
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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Can my ex wife make me sell my home because she wants her name

Customer Question

Can my ex wife make me sell my home because she wants her name taken of the mortgage. We separated in October 2012 and divorced in April 2013. She remarried in May 2014. I've been paying the mortgage on my own from my own bank account for the past 2 years. We have 2 children age 10 + 12 who live with her in Peterborough and they come and stay with me in the holidays and 1 weekend every 4 weeks because our house is in Manchester which is 136 miles from where she lives and because of my job retail I do have to work weekends which is why I only have them once every 4 weeks.
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.
How much is the house worth and how much is outstanding on the mortgage
What financial agreement was made at the time of the divorce?
Clare
Customer: replied 2 years ago.
The house is worth around £140,000 and we owe around £132,500. When remortgaged in 2004 the house was valued around £150,000 to £160,000. When we divorced we agreed that I would stay in the property and that she wasn't interested in the house because she was with some one else and wanted a quick divorce. The divorce was done rather quickly because she wanted it to end. She did all the paperwork side of things which I have copies of and she basically payed for it cause she wanted to move in with her new partner.
Expert:  Clare replied 2 years ago.
Hi
Has she asked for any money from the sale?
Clare
Customer: replied 2 years ago.
No she hasn't. When we divorced she said she didn't want anything to do with the house. All she wants is her name taken off the mortgage but as far as I know it's not that straight forward. The mortgage company said it's because her name will be on the deeds and it's to do with the land registry. I don't think I'm in a position to apply for the mortgage in my name and I don't want to leave my home. That's why I need to know will she be able to force a sale on the house because she does not live here and wants to buy another house with her new husband. If she can I will have no where to live and I need a 3 bedroom house so my kids can stay because it's still their family home with me.
Expert:  Clare replied 2 years ago.
Hi
I am sorry but yes she can indeed force a sale of the property if you cannot obtain her release from the mortgage.
I appreciate that this is not good news - but sadly the fact that you have the children in the holidays is not sufficient to allow you to delay the sale of the property.
You could certainly try and argue against this - but I do have to say that the chances are not good.
Please ask if you need further details
Clare
Customer: replied 2 years ago.
I need to know if their is anything I can do to keep my home. Surely if someone moves out of a marital home cause they have been or are with someone else and don't contribute to the mortgage for 2 years then surely I have rights to. She gets her child maintenance on time so why is their no rights for someone in my position. Why should I be forced to move out of my home when she left. I've lived here for 12 years.
Expert:  Clare replied 2 years ago.
Hi
I am sorry that you felt that my service was poor meaning that I get no credit for my time and which is not necessary for and does not trigger a refund.
Sad;y I cannot give you the answer that you want - the simple fact is that as a joint owner of the property your ex can make an application to the court for an Order for Sale.
She can also make an application to receive 50% of the equity.
However you can use Family Law to try and resist the sale - and to claim what equity there is.
If there was a reasonable chance that a short delay would allow you to remortgage and remove her name then you would have a chance of success
If the children were actually living with you then you would again have no problem in delaying any sale until they were 18.
As things stand I can only be honest - unless you are able to remove her name - or show that you will be able to do so within a reasonable short period of time - then yes she will eventually be able to get an Order for sale
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33953
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Clare and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.
Is their any law which would protect me from practically being evicted frm my home if my ex wife gets a court order to force me 2 sell the house. Also how long will it take if she forces me to sell. Will their be a time limit for how long the house can be up for sale.
Expert:  Clare replied 2 years ago.
Hi
Have you looked at all possible options to obtain her release from the mortgage - is there some one who could be a Guarantor?
Clare

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