This problem is not
uncommon. The first thing he should do is consider stopping paying the mortgage
because that will focus the X's mind. He does not have to pay the mortgage all
the bills of a house that he does not live in (as far as the relationship
finances go), although he remains liable to the lender if she stops paying. Who
is currently living there at half price, and therefore it is hardly surprising
that she is not in a rush to sell.
He needs to get
his solicitor to write to her, telling her that unless you agrees to sell the
property. He will apply to court for an order for sale and he will ask the
court to award costs against her.
He can ask the
court to specify which agent is to be used, the marketing price, the price to
be accepted, and other matters such as she is not to be present when viewing to
take place and she is not to obstruct the sale in any way.
I would probably
threaten to seek the mortgage payments back from her (there is no guarantee you
will get them, but he can threaten it) if she does not play ball, on the basis that
he paid them under "mistake" not knowing that he had no liability as he was not
living there and his liability was only limited to the lender
I assume that no
children are involved because if children are involved my answer will probably
be completely different.
Can I help
bear with me today because I will be online and off-line all day.
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The thread remains open. Thanks