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familylawexpert, Family Solicitor
Category: Family Law
Satisfied Customers: 311
Experience:  Substantial experience (14yrs +) in divorce, financial cases, cohabitation, pre-nuptial agreements and civil partnerships.
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hi, my ex husband and I bought a property in 2007 at the price

Customer Question

hi, my ex husband and I bought a property in 2007 at the price peak. when we divorced in 2010, the house was in negative equity as it is now. I stayed in the property with our two children and carried on paying full mortgage even the house and the mortgage is on both of our names. he refused to sell the house and split the difference. he wont sign to himself or to me either. how can I get out of this situation? both of us are remarried now.
Submitted: 4 years ago.
Category: Family Law
Expert:  familylawexpert replied 4 years ago.

My name is Mac. I can help you with your question. First I need a bit more information:

1. Do you want to sell the house now?
2. What is the value of the house and mortgage?
3. Did you not have a financial order at the time of your divorce?

Customer: replied 4 years ago.

I wouldn't mind to sell the house. the difference between the value and mortgage is about £6000-8000. my ex husband demands to cancel CSA payments for the children. he moved to the new place, without giving his new address, he also won't answer his phone. if he does, I receive just verbal abuse. is there an possibility to declare me bankrupt, because I don't want to be black listed ant take mortgage with my current husband. me and my ex divorced in Lithuania and agreed to sort the house when we are in the position to do so. last year we put the house on the market, but my ex refused to sell it. he promised to sign the house over, but as I said, he disappeared and wouldn't cooperate. is there a way to make him pay a half of mortgage if he refuses to sell or sign? thank you


Expert:  familylawexpert replied 4 years ago.
Do you have no contact with him now then? Or contact details?
Customer: replied 4 years ago.

I only have his mobile phone number. but as I said, he doesn't talk to me. he accuses me of stalking if I try to sort the property or changes his opinion. I feel stuck in this situation.

Expert:  familylawexpert replied 4 years ago.

If he won't cooperate, then you can apply to the Court in this country for an order for sale of the property. Ultimately a court would force him to coooperate in selling the property, or step in and execute documents on his behalf.

I expect that, if you started such an application to the court, he would start to take you more seriously and might communicate with you on the subject properly.

Customer: replied 4 years ago.

if I take him to Court, who is going to pay Court fees and how much roughly would they cost? What happens if I don't have his address and if he has changed his phone number?

Expert:  familylawexpert replied 4 years ago.
If he goes into hiding and doesn't respond to the court proceedings, then you would have to show the court that you had done everything that you could to contact him, and in the end the court would make an order for sale. If he genuinely couldn't be traced, then it would be difficult to get him to pay for anything obviously, but if he did take part, resisted the sale and then lost (as he would do) then he would be liable to a costs order against him.

If you represent yourself, then the costs are going to be limited to court fees, which may be around £250.

Does he not have any contact with the children?