5 replies to this topic

[Pen-Y-Bont Crusader]

Long story but.....

12 months ago mates mRs says she wants out of marriage.

House they own (jointly) is mortgaged to hilt due to silly running up of debts by them.

He finally has offer that pays off all debt to mortgage company but his MRs refusing to sell.

Can she refuse ?

Thanks for any help. He's a good (if very stupid) lad and his ex Mrs has screwed him out of every penny over the last 20 years as she never worked and ran up debts without him checking due to being a naive **** - now hes in the ***

[goldcard]

You don't mention children.
Are any involved, if so, what ages?
Then if so, who has custody etc?

If no kids involved, then a clean break, divide house contents and clear all debts and fresh start for all is the easy to say option, but I know from bitter experience life isn't that simple.

No matter how hard, they HAVE to agree something, because if they each have to resort to solicitors to try and sort it, the house will have to be sold for (tens of?) thousands more to pay those blood suckers off.

[Pen-Y-Bont Crusader]

You don't mention children.
Are any involved, if so, what ages?
Then if so, who has custody etc?agred

Two kids boy and girl aged 8 and 5.

Shared custody - agreed betwen the two of them.

If no kids involved, then a clean break, divide house contents and clear all debts and fresh start for all is the easy to say option, but I know from bitter experience life isn't that simple.

The ex lives in another house they own (which has mgage) but she can remain there whatever due to him paying maintanence. The ex is seemingly not arsed and is demanding that some equity is released via a sale fo the main house. He cant afford to keep up repayments and neither can she...

No matter how hard, they HAVE to agree something, because if they each have to resort to solicitors to try and sort it, the house will have to be sold for (tens of?) thousands more to pay those blood suckers off.

[CrushersForever]

I think all that he really can do is make an application to the court for an order on the issue. The court will make a determination of what ownership each party has in the property.

However, if your mate's wife wants to stay in the house, she can seek a right of tenancy. If that's granted, while your mate will own an interest in the house, the wife will have a right to live there.

[goldcard]

So, the kids are securely housed, so that's not an issue.
If he, via maintainance is paying for her and kids to be housed, that's not an issue.
Hard one, I think CAB would be able to give basic free advice.
Incidentally, where's your mate living, and how does that affect his access?

Not knowing how much either party put into the house, I'm not sure what the score is really, but CAB and face to face talks would be the preferred route.
He's housing her elsewhere, surely that is worth something, or negociate a reduced share if house 2 gets sold?

It may take solicitors/courts, but the cost would negate the benefit (if any) gained.

[Hornetto]

If they own two houses jointly, could he agree that they take one each in settlement? So each signs half over to the other. Are the debts a joint liability? Could he secure one property and sell it to clear his proportion of the debt?