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What to do when the ex wife wants to sell the house...

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  • What to do when the ex wife wants to sell the house...

    I hope someone may have some pearls of wisdom here :-)
    My partner has been divorced for a couple of years and the finances and the house was not properly sorted out. He had a very bad family law solicitor.
    He and his ex wife were together for 28 years. She committed adultery. She left him with all the debts (making sure they were in his name) and did not work for the previous 6 years before she left him. She did not contribute to the mortgage or the bills then and prior to that, he was always the main breadwinner. Her work was sporadic, as were her contributions. They received ppi money and she made sure any debts in her name were paid off before she left with this ppi money. She also took a hefty amount of money from their joint account to pay for her rent and deposit on rented accommodation
    They remortgaged the property twice. They are joint legal owners.
    She very quickly moved in with the new man.
    She wants her name off the mortgage. My partner can't afford to buy her out or remortgage the property because it will double in price.
    She wants another property, that's why she wants her name off the mortgage.
    My partner has paid the mortgage even since she left, over three years ago, like he did before and resides in the property and I live with him.
    He has worked all his life and now has nothing to show for it. He did place the property on the market, as her solicitor demanded that he did, but there was no interest. (He will never be able to have a property now, only rented due to what's happened). He reduced the price of the property as well at her solicitors request, and still no interest. After that, it would slip into negative equity. So he removed the property from the market.
    And now her solicitor is back with renewed vigour, demanding he put 'the effort' in and place the property back on the market, show that he has done so and that she wants to go to court if he doesn't to force the sale of the house and have a share in his pensions.
    It is an awful situation. I thought that if the house went into negative equity, she would also be jointly liable. I think that is correct?
    He knows the house won't sell until at least the spring if he is lucky.
    A solicitor friend told me that if he went to court and called her bluff, it could cost him about £10-15000!
    It all seems incredibly unfair.
    Any advice would be gratefully received.
    Tags: None

  • #2
    Re: What to do when the ex wife wants to sell the house...

    Sorry to be blunt, a bit confused

    Is he/she divorced as in absolute?

    The mortage would have been settled with the consent order signed off when absolute granted.

    As this has not happened i take it kids were involved?

    Comment


    • #3
      Re: What to do when the ex wife wants to sell the house...

      Hi Judgemental 24...I know this is hard to believe, but yes, they divorced a couple of years ago. Divorce is absolute. And the mortgage was not settled with a consent order at the time. No kids at all. There was no mention of the house in the divorce and he was threatened that if he didn't agree with the grounds of the divorce (which were sadly lies) he would have have to pay fees. He is a very accepting man and just didn't push it at all...to his greatest regret.

      Comment


      • #4
        Re: What to do when the ex wife wants to sell the house...

        Originally posted by purplemoonshine View Post
        I hope someone may have some pearls of wisdom here :-)
        My partner has been divorced for a couple of years and the finances and the house was not properly sorted out. He had a very bad family law solicitor.
        He and his ex wife were together for 28 years. She committed adultery. She left him with all the debts (making sure they were in his name) and did not work for the previous 6 years before she left him. She did not contribute to the mortgage or the bills then and prior to that, he was always the main breadwinner. Her work was sporadic, as were her contributions. They received ppi money and she made sure any debts in her name were paid off before she left with this ppi money. She also took a hefty amount of money from their joint account to pay for her rent and deposit on rented accommodation
        They remortgaged the property twice. They are joint legal owners.
        She very quickly moved in with the new man.
        She wants her name off the mortgage. My partner can't afford to buy her out or remortgage the property because it will double in price.
        She wants another property, that's why she wants her name off the mortgage.
        My partner has paid the mortgage even since she left, over three years ago, like he did before and resides in the property and I live with him.
        He has worked all his life and now has nothing to show for it. He did place the property on the market, as her solicitor demanded that he did, but there was no interest. (He will never be able to have a property now, only rented due to what's happened). He reduced the price of the property as well at her solicitors request, and still no interest. After that, it would slip into negative equity. So he removed the property from the market.
        And now her solicitor is back with renewed vigour, demanding he put 'the effort' in and place the property back on the market, show that he has done so and that she wants to go to court if he doesn't to force the sale of the house and have a share in his pensions.
        It is an awful situation. I thought that if the house went into negative equity, she would also be jointly liable. I think that is correct?
        He knows the house won't sell until at least the spring if he is lucky.
        A solicitor friend told me that if he went to court and called her bluff, it could cost him about £10-15000!
        It all seems incredibly unfair.
        Any advice would be gratefully received.
        Hi welcome to LB.

        A horrible situation!!

        What ever happens the " lady" is jointly liable for the mortgage and will also be liable for any mortgage shortfall if a sale does not clear the entire sum outstanding.

        She cannot just demand to have a " her name off the mortgage " she has a legal obligation in a " joint and several liability".

        Has it been suggested that she buys out your partners share? If not a formal offer for her to do say is an option, and if the offer is refused after your partner ( it seems he has) made every effort to sell the house it would seem that she is being unreasonable particularly as her financial status is more secure than your partners.

        She is after all the party originally at fault. Who instigated the divorce?
        nem

        Comment


        • #5
          Re: What to do when the ex wife wants to sell the house...

          Hi Nem

          Thank you for your reply.
          She instigated the divorce. She lied on the divorce papers but my partner didn't defend matters. I don't understand why her solicitor didn't look to sort out the debts and the house for the divorce. Doesn't make sense.
          I don't think she can afford to buy him out, but it certainly is an idea to be put forward.
          Her solicitor is very threatening, saying he has 21 days to sort this out.

          Comment


          • #6
            Re: What to do when the ex wife wants to sell the house...

            Originally posted by purplemoonshine View Post
            Hi Nem

            Thank you for your reply.
            She instigated the divorce. She lied on the divorce papers but my partner didn't defend matters. I don't understand why her solicitor didn't look to sort out the debts and the house for the divorce. Doesn't make sense.
            I don't think she can afford to buy him out, but it certainly is an idea to be put forward.
            Her solicitor is very threatening, saying he has 21 days to sort this out.
            I being awkward would reply that she has 21 days to sort out buying his share as he has done all that is possible to do.

            nem

            Comment


            • #7
              Re: What to do when the ex wife wants to sell the house...

              Thanks Nem, could certainly try that.
              Could a letter be drafted without using a solicitor in response?
              What I don't understand is; why wasn't the house and debts and any assets sorted out during the divorce? Why didn't her solicitor sort that?
              There is also something else very strange indeed. On his decree nisi, it says they had lived apart for a continuous period of at least five years preceding the presentation of the petition. This is a blatant lie. They were only living apart for 11 months! I am very suspicious as to what has been going on.

              Comment


              • #8
                Re: What to do when the ex wife wants to sell the house...

                All assets have to be listed and presented to the court to be sealed under a consent order.

                If memory serves me right that is the "E" form under the Matrimonial Clauses Act that both parties have to list and disclose..

                Something is very wrong with this. Solicitors are under a statutory duty to comply with this process.

                I would contact another solicitor for a free 15 minute consulation (Ask first)

                Comment


                • #9
                  Re: What to do when the ex wife wants to sell the house...

                  Thank you Judgemental24, I think there is something fishy going on. No consent order and the decree nisi saying they had been apart for at least five years when they had only been living apart for 11 months.
                  I wonder what happens when a solicitor lies on a legal document and also doesn't comply with his statutory duty?

                  Comment


                  • #10
                    Re: What to do when the ex wife wants to sell the house...

                    Originally posted by purplemoonshine View Post
                    I wonder what happens when a solicitor lies on a legal document and also doesn't comply with his statutory duty?
                    He gets struck off (hopefully)

                    Comment


                    • #11
                      Re: What to do when the ex wife wants to sell the house...

                      Well, I hope so. Just trying to work out why. Perhaps she got the divorce free if saying they were living apart for five years? Perhaps it would have cost her too much to do the financial order? Whatever the situation, I think a good letter needs to be drafted and my other half needs to get a solicitor to see what can be done with the house and everything.

                      Comment


                      • #12
                        Re: What to do when the ex wife wants to sell the house...

                        I don't think there's a legal obligation to formalise the financial division during a divorce - most couples do, though, for obvious reasons.

                        One route your partner could explore would be to

                        - make a detailed schedule of all the assets and liabilities before, during and immediately after the divorce process itself

                        - offset all the debts he took over against all the assets she took with her

                        - suggest that he had taken over the mortgage, the debts and equity in the house equivalent to her gains during this process (including the cash she had, debts she incurred but he took on, etc) as an informal "clean break" which he would now like to formalise

                        Any discrepancy would be equally split. Does this make sense?

                        The sticking point, of course, will be the continued joint ownership & jointly held mortgage. Could this be presented as a pragmatic solution to the fact that neither of them could afford to raise a mortgage to buy the other out?

                        You do need competent legal advice IMO. x

                        Comment

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