Dispute over ex husband's demands regarding his share of house

[sja0554]

My ex husband and I were divorced in 2003 and at the time no financial provisions were made .. my ex did not ask for any and it was left that I would remain in the former marital home for an unspecified time, with a view to selling the property at some point in the future. There was nothing put down in writing about this, merely a verbal agreement between us.
Now he is demanding his share of the value of the house (after deduction of the mortgage). He has not been paying the mortgage since we divorced. However his name remains on the mortgage documents. I have since remarried and my new husband lives in the house with me, helping me to pay the mortgage. The amount my ex is demanding will amount to approximately �73,000. My problem is this .... I do not wish to sell the house but I have no idea how I can raise that amount of money ... no bank will lend me that amount as I am 53 years of age and my new husband is 54 so we do not have enough working years left to be able to pay back such a large amount. Also, can my ex force me to sell the house in order for him to receive his share, in view of the fact that I am joint owner of the property, with him. Surely he cannot force me to sell my home. I cannot think of any further info but if you need any more, please ask.

[CheekyChops]

Unfortunately I think you'll find that he can force the sale of the house if you are unable to raise the funds any other way. You need to see a solicitor ASAP.

[Ethel]

Yes he can force the sale as joint owner by raising an action of division or sale in court.

The courts have no grounds to refuse as you have no dependent children still living in the family home.

[lady_p_gold]

It is unfortunate that you did not get things properly done at the time of the divorce. It seems harsh but if you think about it, you could have been living there and not working and him paying the mortgage and you would not think that you weren't entitled to half - so it is rightfully his.