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JimLawyer
JimLawyer, Solicitor
Category: Family Law
Satisfied Customers: 10480
Experience:  Senior Associate Solicitor
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My wife is also registered disabled and myself and my ex had

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Hi Jim my wife is also registered disabled and myself and my ex had to do IVA's in the past which makes us now mortgage prisoners - would this strengthen our case to stay? The hosue originally was let out but my ex put in bad tenants & they recked the place my ex then said I had to sort it which entailed moving back there doing the house up and paying the mortgage - now next doors house has gone up for sale there is the pressure to sell but our house is in not as good condition or worth more than we owe - I now found work local to the house as well all becuse of this

Hi there, yes, it would strengthen it - the judge would only order a sale if there is equity and other factors - with having a disability then the judge is even less likely to order a sale. There are a few factors the court would consider such as the reasons for selling, if sold would it release any money, the current occupant's needs and the impact on them if the house was to be sold, the original intention of the parties when they bought the property (e.g. if it was by to let then it's a business in effect and a sale is more likely to be ordered), etc.

I cannot see the property being sold like I said before.

Hope this helps?

Jim

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