Will I get Order of Sale?

[clairebear76]

i jointly own property with my ex that i left 4 yrs ago due to violence, he has run up arrears on mortgage and secured loan of over £5500 and there is already a possession order held by the mortgage company from previous arrears situation that they can enforce at any time.

He lives in the house with his pregnant girlfriend (due june/ july) and refuses to sell. I have made application to county court for order of sale.

We have 2 kids together that he has nothing to do with and hasn't paid a penny for them in the 4yrs since i left.

There would be enough money to pay the mortgage and loan and any arrears but probably nothing left after that.

He i not in a position to buy me out.

He has spent time inside for the violence and been convicted of harrassment since i left so i do not have any contact with him at all.

What are the chances of a judge ordering in my favour for the order of sale????

Any info appreciated.

[themas]

I'm not sure what you are doing. You say:

"There would be enough money to pay the mortgage and loan and any arrears but probably nothing left after that."

If that is the case, it looks as if you will get nothing if the house is sold, because the debt to you (which I assume is separate from the mortgage & secured loan) will rank behind them unless you also have a charge on the house which was in place before the secured loan.

If you are unlikely to get any money from a sale I don't understand why you are spending money trying to get an order. Fair enough you jointly own the property, but if it is more or less in negative equity there is nothing for him to buy you out from.

However, to try & answer your question. If you would gain nothing (or very little) from a sale I find it difficult to see a judge ordering a sale when the other joint owner is still living there with a pregnant partner.

[hc4361]

I can fully understand your wanting the house sold whilst you are responsible for the mortgage. It is unlikely the mortgage company will remove your name from the mortgage so you will be liable for any relating debts even though you get no benefit from the house.
You will probably get the Order of Sale, especially as there is a likelihood of repossession at any time.