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Negative Equity and Divorce

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englishroz | 00:17 Wed 22nd Jul 2009 | Law
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I left my husband 16 months ago and started divorce proceedings on the grounds of unreasonable behaviour not long after. It has taken until now to get to the negotiation stage, what to do with the ex marital home? Of course now it is in negative equity. So a clean break is only possible if i walk away with a debt. My solicitor has mentioned Tenants in Common as opposed to Joint Tenants. Can i force the sale on the house as and when we are in positive equity? Or do we have to be in agreement? My husband is living in the house and paying the mortgage with the help of a lodger. If he defaults on the payments, i would be liable, but im on a low income, so could i force the sale then? Any other differences i should be aware of?

Thanks for any help in advance.
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Negative Equity and Divorce

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