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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33510
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 separated from my wife just over 4 years,

Resolved Question:

I have been separated from my wife just over 4 years, however I am still paying the mortgage and my wife still lives at the property. There are no children involved as they are all working, can you please advise me on the best course of action to force a sale. My wife is not willing to sell. Kind regards
Submitted: 6 months ago.
Category: Family Law
Expert:  Clare replied 6 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

How much is the property worth and how much is outstanding on the mortgage?

Customer: replied 6 months ago.

Hi Clare, Current value is £135,000 and outstanding is £68,000

Regards

Expert:  Clare replied 6 months ago.

What income do you each have and how old are the children

Customer: replied 6 months ago.

The children are all grown up etc, My annual income is appx £30k and my wifes is napprx £15k. NOt sure whether this is relevant i still pay the mortgage on the marital home which my wife still lives in since we separated 4 and a half years ago.

Expert:  Clare replied 6 months ago.

May I ask why you have been paying the mortgage all this time?

Customer: replied 6 months ago.

The Mortgage was originally set up through a Direct Debit through my personal account with the Halifax. I have spoken to our Mortgage lender many times during the separation, however they are unable to assist as it a legal issue hence why i have set up with Just Answer. I feel the only option is to cancel the D/D and let the house be repossessed, however this is my last resort.

Expert:  Clare replied 6 months ago.

Are you willing to start divorce proceedings if necessary?

Customer: replied 6 months ago.

I intend to apply for court proceedings in Jan 2017 as this will be the 5 year separation period where I understand my wife will not be able to appose. The grounds for divorce is for unreasonable behaviour.

Expert:  Clare replied 5 months ago.

Does your wife have any health needs?

Customer: replied 5 months ago.

My wife is in perfect health Clare. May I ask does this matter?

Kind Regards

James

PS I look forward to your speedy response!

Expert:  Clare replied 5 months ago.

It is relevant to the issue of her housing needs!

If you are waiting until January then the Grounds for the divorce will be the Five year Separation not Unreasonable Behaviour.

You certainly should not allow it to be repossessed as that will simply cost you more!

The first option is to wait until you have started the divorce proceedings and apply for the financial issues to be dealt with then and seek an Order for the Sale of the property

The second is to make an applictaion under the Trusts of Land and Appointment of Trustees Act for an Order for sale using Property Law.

If your ex then decides to issue Divorce Proceedings against you then the money spent on the TOLATA proceedings could be wasted if the matter is then dealt with within those proceedings.

The sensible first step would be to try and discuss matters with her using Family mediation

www.familymediationcouncil.org.uk

to see if any agreement can be reached.

Please ask if you need further details

Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33510
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 5 months ago.

Good morning Clare, I have been to mediation, both my wife and I went separately initially for the first consultation, however my wife mentioned something during her session which resulted that the mediator felt he no longer could mediate between us. I have no idea what my wife said as the mediator was unable to tell me, however he is more than happy to provide a form which tells the court this process was explored. is there a set fee for the application TOLATA?

kind regards

James

Expert:  Clare replied 5 months ago.

When was the mediation?

Have you tried telling your wife that in future you will only pay 50% of the mortgage?

Customer: replied 5 months ago.

Hi Clare, thank you again for your speedy response. Mediation took place June 2016 and I instigated mediation. Unfortunately my wife will not correspond with me hence mediation. I am constantly talking to my Mortgage provider (Principality) with option of placing the mortgage on interest only, however this can only be achieved with my wives signature which of course she is not willing to do. I have paid £32k in mortgage payments since we separated in Jan 2012 this is why i am seriously contemplating letting the house being repossessed. I am aware of the possible consequences but see no other alternative! Kind regards James

Expert:  Clare replied 5 months ago.

Have you tried telling your wife that in future you will only pay 50% of the mortgage?

Customer: replied 5 months ago.

Hi Clare

The Mortgage company will not allow this option, however i have not mentioned it too my wife for that reason.

Kind regards

James

Expert:  Clare replied 5 months ago.

It is not a matter of what the mortgage company will allow.

If you start paying just half then it is up to your ex.

If she wishes to remain in the property then she will have to pay the other half.

Customer: replied 5 months ago.

Hi Clare, does that mean the Mortgage company has to oblige this option?

And will this have an impact on my credit rating.

Kind regards

James

Expert:  Clare replied 5 months ago.

They cannot stop you from doing it - but I am afraid that it will impact your credit rating

Customer: replied 5 months ago.

Thank you for your reply Clare!

Expert:  Clare replied 5 months ago.

You are most welcome

Customer: replied 5 months ago.

Hi Clare, although my wife and I separated in January 2012, I did not move out of the house until July/August 2012 will this impact on applying for a divorce in Jan 2017 or will i have to wait until July/August 2017?

Kind regards

Jmaes

Expert:  Clare replied 5 months ago.

Is she likely to object to the divorce?

Customer: replied 5 months ago.

I think so yes!

Kind regards

James

Expert:  Clare replied 5 months ago.

Then you will need to wait until July 2017 I am afraid

Customer: replied 5 months ago.

Thank you Clare,

Kind regards

James

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