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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 763
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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Can you please advise me, My ex wife is refusing to sell

Customer Question

Hi can you please advise me, My ex wife is refusing to sell the marital home, she cannot afford to pay the mortgage alone or to buy my share of the property. we have NO dependants that reside at the property. (& what children we have are now adults) She has missed several payments to use the money for foreign holidays which has infuriated me as i've been paying my share. Also this will affect my credit as it is a joint mortgage. Can i apply to the courts for a "force of Sale" as i'm in a situation now myself, that i'm struggling to pay my current rent, bills & the mortgage. I have the oppotunity to move some 250 miles away for better employment (& more financially rewarding) & to be able to purchase my own property staring aghain near my family. We tried putting it on the market, but i believe the price was grossly over inflated to put off any potential purchasers, we had no enquiries, no viewings & then my devious ex wife withdrew it from the market place without my knowledge or consent.
Submitted: 1 year ago.
Category: Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Welcome to Just Answer
There is a set process for dealing with matrimonial finances following the breakdown of a marriage and the issue of divorce proceedings.
In relation to the matrimonial finances - The correct process for dealing with the matrimonial finances and division is to go through a process known as full and frank financial disclosure. Yourself and your wife need to exchange full details of all assets ( including pensions) and liabilities before negotiations take place in relation to settlement. Everything is included in disclosure - all assets and all liabilities.
The normal rule for division is 50/50 however the matrimonial causes act sets out factors which could lead to a departure from this rule. A few examples are the likely earning capacity of both of you for the future, health needs etc
You should consider making a referral to a specialist mediation service. They can assist in relation to the process of disclosure and also in relation to negotiations about division. One such mediation service is the National Family Mediation service. www.nfm.org.uk
If agreement cannot be reached then an application would need to be made to the court. You can not make an application to the court until you have at least attempted mediation first.
You can ask the court for an order of sale in relation to the property. The courts appreciate that the main asset is usually the matrimonial home and that this will often have to be sold so that the parties can downsize.
It is of course a worry if your wife is defaulting as this will also effect you. The mortgage company will have the ability to be able to chase you in respect of any shortfall so you do need to deal with matters.
It is very important that no division of any assets takes place until a court order is obtained.
If division is agreed without the need to apply to court then you should submit a consent order for Judicial approval prior to division and obtaining decree absolute. Not doing so could leave you open for a future claim. Claims have been entertained by the courts decades after divorce / separation - so it is important that you deal with things properly.
A Solicitor can help you draft the Consent Order to protect your position for the future - this should only cost circa £300 - £400.
Kind Regards
Caroline
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ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 763
Experience: Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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Customer: replied 1 year ago.
She would never agree to mediation as she has become totally unreasonable, i only ever recieve rude and abusive messages from her & don't know where to turn, could it be a positive outcome in my favour to "off load" the house going down this route or is repossession my only other option ?
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for your response.
You need to at least try mediation - if your wife won't engage in mediation - then the mediator will sign off the application form that you need for court.
If your house is repossessed then the mortgage company could pursue you for a short fall.
If don't deal with the financial matters and obtain a court order - and your circumstance improves then your wife could make a claim against you in the future.
I note that you have described your wife as acting verbally aggressively towards you.
If you have suffered physical, emotional or financial abuse in the last two years and if you can get evidence and you also qualifies on means then you may be able to get legal aid and a solicitor to help. Please see this link - in particular the GP letter - if your GP is satisfied that you are suffering from a condition such as stress as a result of your ex's behaviour and he completes the template letter - then you should take this to a Legal Aid Solicitor for a financial assessment.
https://www.gov.uk/legal-aid/domestic-abuse-or-violence
Kind Regards
Caroline

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