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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33323
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 split from my husband in 2012 and we own a house together

Customer Question

I split from my husband in 2012 and we own a house together which neither of us live in. Its currently rented out. I want to sell it as the rental income is less than the mortgage. I pay the shortfall on the mortgage as he refuses to. But he has gone AWOL and does not reply to my calls, texts, emails or letters. I don't want the house, don't care about the equity etc. He doesn't earn enough to qualify for the mortgage on his own. I need help.
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?
Have you started divorce proceedings?
Clare
Customer: replied 2 years ago.

Do you answer my question for the £26 I have already paid?

Yes currently in divorce proceedings. Judge agreed to dispense with the respondent as he is missing and not replying to any communication attempt.

Mortgagerepayment currently 673 and about to rise to 949. Rental income 572. £151 k outstanding on mortgage balance. House worth circa 158k. So not a lot of equity in it.

I don't want the house but don't think I can sell it without his signature. I'd be happy to leave the proceeds from the sale untouched until he reappears.

Expert:  Clare replied 2 years ago.
Hi
Within the divorce proceedings you will need to make a separate application to the court for the financial issues to be decided.
The absence of your ex would have been a problem if you were not willing to leave the proceeds of sale untouched
As things stand you can ask the court for an Order that the house is sold, that half of the proceeds of sale are released to you and the rest held on account.
You should also ask for an order that the Judge signs all the sale paperwork
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.

Thats really helpful thank you. Could you tell me if I need to complete a specific form to make this request? If so what is it called please?

Or if I put all of the detail in a letter to the court will that suffice?

Kind regards

Eve

Expert:  Clare replied 2 years ago.
Hi
The form you need is here
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/form-a-eng.pdf
The fee is £255
Clare

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