As part of the divorce process, it’s always a good idea apply for a financial order:
Which draws a line under the finances of the marriage and prevents either of you coming back to the other, in some years time, asking for more money if circumstances have changed (the lottery?).
No one can be compelled to continue to own a property which they no longer wish to own and they are able to force a sale through the courts if necessary.
The remedy is to make an application to court for an order for sale under section 14 of the Trusts of Land Appointment of Trustees Act (the Act).
Anyone wishing to sell may find that a strongly worded letter from a solicitor threatening a court application and an application for costs, may focus the mind without actually having the need to get to court.
Check house insurance to see if there is legal expenses cover that would pay for the legal cost of taking the matter to court.
If I were advising anyone who has received a letter threatening an application to court under the Act and an application for legal costs, I would tell them to get the agents sign up immediately and cooperate with the sale because if they make the court application, they are likely to get it and they are likely to get costs awarded against them.
I assume that there are no children under 18 of the marriage living in the property otherwise the situation is different.
In respect of the mortgage payments, Unless a sale of the house produces enough money for the parent looking after the child(ren), the resident parent, until the youngest reaches 18 and produces a surplus for the non-resident parent, the sale of the house is not on the cards until the youngest child reaches 18.
Both parents are under a duty to provide a home for dependent children until they reach 18. Only then would the house be sold.
He is likely obstructive with the sale so you can actually ask the court order that he cooperates, signed the papers, moves out, keeps the place tidy, and is not present when viewings take place. The court can order also the selling price, the acceptance price, which solicitor is to be used and which agencies to be used.
You may find that a strongly worded letter from a solicitor threatening a court application and an application for costs, may focus the mind without actually the need to get to court.
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