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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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We are separated over two years and plan to divorce. I still

Resolved Question:

We are separated over two years and plan to divorce. I still live in the joint home, after he left, we have jointly paid the mortgage.. Can he make me sell either now or after divorce.
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstHow much is the house worth and how much is outstanding on the mortgage?Are there any children involved?
Customer: replied 1 year ago.
Worth 140.000 and 90.000 left to pay. No children
Expert:  Clare replied 1 year ago.
When would you propose to pay your ex his share of the equity?
Customer: replied 1 year ago.
I can't take over the mortgage on own as I am in a debt management plan. So, I have two options 1. Draw some of my pension in four years.2. Wait until I want to sell.
Expert:  Clare replied 1 year ago.
Will your ex wait for that?
Customer: replied 1 year ago.
He would really like to get himself off the mortgage (in case I lose my job although no chance of that, just got new one). He knows I am stuck and did suggest that he stops paying and he signs to say that he is only entitled to the equity.But I am worried he will get fed up.
Expert:  Clare replied 1 year ago.
I am afraid that before or after the divorce your ex will be able to force the sale so that he can be released form the mortgageYour best option is to agree a "long stop" date by which you will either remove him from the mortgage or sell the property.In the mean time you will take over the mortgage payments in fullThis oculd then be turned into a Court Order within the divorce proceedings so that you are protected until the agreed dateI hope that this is of assistance - please ask if you need further detailsClare
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