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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 33936
Experience:  Over 5 years in practice
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I got divorced recently. As part of the financial settlement

Customer Question

I got divorced recently. As part of the financial settlement (25 Jan) my ex wife was to put the two properties we own together on the market. She will get all of the proceeds from the sale to purchase a family home outright, along with a lump sum of 260k. However I am paying the mortgages on both houses (and live in neither). She receives the majority of the rental income (1,100 out of 1750) from the second property which is rented out. I am paying a total of £4500 in mortgage payments each month and her maintenance payments of a further £4000 only reduce upon sale of the two houses. She is therefore not motivated to sell at all. It’s now been over five months since financial settlement and only one of the properties has been advertised. I live abroad so she has responsibility for the sales. How can the courts enforce a sale if it comes to that? How can I use the possibility of this to get her start the sale process? I complained that my lawyer at the time about such mis-aligned incentives but was told to accept the “deal”.
Submitted: 11 months ago.
Category: Law
Expert:  Clare replied 11 months ago.

My name is Clare

I shall do my best to help you but I need some further information first

For clarity - the Order says that you have to pay the mortgaged until sale?

Customer: replied 11 months ago.
Hello Clare. My name is***** the court decision requires me to maintain payments on both properties until sale/s.
Customer: replied 11 months ago.
It’s bleeding me dry and I am going into more debt each month. If she or I ever hope to get a mortgage again I cannot default. Can the court force a sale an when?
Customer: replied 11 months ago.
Hello Clare. Any advice on above?
Expert:  Clare replied 10 months ago.

My apologies I have been unwell - do you still need assistance?