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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34106
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Hi please can you help, my boyfriend of 3.5 years is still

Resolved Question:

Hi please can you help, my boyfriend of 3.5 years is still on the mortgage with his ex wife whom he has two children with....we have paid a lot of money through solicitors writing letters to mediate the situation and gain agreement for a date in which he can be released, with no avail. He's ex wife works part time and continues to miss payments resulting in my partners credit rating being impacted. His ex is refusing to sell the house or demonstrate her ability to take it on with her new partner so we are going to have to instigate court proceedings, how much do you think court will cost us and what do you thnk a judge would rule? Thanks
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 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.
When was the Decree Absolute and why were finances not dealt with at the time?
How much is the house worth and how much is outstanding on the Mortgage
is she living with her new partner?
Clare
Customer: replied 3 years ago.
Hi the decree absolute came through in January 2013 and there was a lot of going back and forth getting her to agree to it. He had agreed that he wasn't interested in taking his share of the equity he just wants a clean break so she can keep the house but he just wants his name off the mortgage so that him and I can move on and his credit rating isn't continuing to be impacted. She will not agree that her partner is living there as it will affect the benefits she is receiving and as he has a property elsewhere we can't prove otherwise. The house is worth £170,000 and there is about £125,000 remaining on the mortgage. With her credit rating and income (~17k inc benefits) the mortgage company will not allow her to take the mortgage on by herself so we're at a loss! We have agreed that she can remain in the house but that there needs to be a date that if she isn't able to take on the mortgage she will need to sell the property and as they have been separated for nearly 4 years we feel that 2-3 years is a reasonable timescale however her solicitor has responded saying she would only agree to selling once the youngest child leaves full time education which could be another 10 years! Any advice would be gratefully received!
Expert:  Clare replied 3 years ago.
Hi
How old are the children?
Clare
Customer: replied 3 years ago.
8 & 12
Expert:  Clare replied 3 years ago.
Hi
Just to check - how much is the mortgage payment and how much does your partner pay in child maintenance?
Clare
Customer: replied 3 years ago.
His ex is responsible for paying the mortgage and its interest only so its around £370 and his CSA payment is around £420. What are your thoughts based on this information?
Expert:  Clare replied 3 years ago.
Hi
I am afraid that the news i snot good.
Your partner should have been told from the beginning that he would not be able to force a sale of the property until the youngest child is 18 or his ex remarries or cohabits for more than six months
When the house is sold he will be entitled to 50% of the equity - so he could negotiate with his ex and reach an agreement that if she wants all the equity then she and her new partner will have to take over the mortgage and release your partner.
He should try and negotiate with his ex using Family Mediation (www.familymeditiationhelpline.co.uk) and seek an agreement on this.
If she cannot do this because the new relationship is not actually as stable as you think then one other option is an agreement that he can pay the mortgage from the CSA monies so that his credit rating is safe
I am sorry to give such bad news but this is the legal position as it stands
Please ask if you need further details
Clare
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