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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35046
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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moved out of joint owned family home with two children 10 ,

Customer Question

moved out of joint owned family home with two children 10 , 6years due to domestic violence on 16 Dec 2012. Still unable to commutate with my ex on any level. he has stayed in the family home since but is not willing to sell the 3 bed home. Kids live with me and I have the child residing with me from the courts. He is running up deats on the property as he is unable to meet the payments. total deat is over £6500 at the moment and going up. What legal rights do I have on sorting out this as I no longer want anything to do with the property and wish for my name to be removed but am unable to do this as my ex partner does not earn enough money to take on the mortage by himself. What are my rights. I just come out of bankruptcy and no that this is not helping me move forward to re build credit rating to support my life with my children.
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Were you married to your ex - if so how far have divorce proceedings reached?
How much is the house worth and how much is outstanding on the mortgage?
Customer: replied 3 years ago.

Hi Clare,

We were not married, house is not worth much more than we paid for it. Outstanding mortgage, £245,000property value £250,000. I don't want anything from the property but to get my name off and more on with my life.

Expert:  Clare replied 3 years ago.
Thank you for that
In that case your way forward is relatively simple - at least in terms of what the steps are.
You write him a formal letter giving him 28 days to confirm that he can obtain your release from the property, or to place it on the market at a realistic sale price.
If he fails to do so then you apply to the court for an Order for the sale of the property.
If he does not co-operate you then apply to enforce the Order with an Order that he vacates the property so that you can deal with the sale process.
You will be granted those orders - and an order for costs if he does not co-operate.
Whilst such application can be done in person they are not the simplest of applications to prepare
I hope that this is of assistance - please ask if you need further details