Forcing sale of house.

[debbie251]

My partner owns a house with his ex partner, which has been shared with their 3 children. Both parties have now moved on but the house is now an issue. My partner pays the mortgage and wants to sell the house so that they can pay off the mortgage and loans secured against it. She wants him to sign over the deeds to the house so she can live there with her new partner and the children yet needs him to leave his name on the mortgage as she has debts and charging orders in her name against the house.
The only way we can move on is for his name to come off the mortgage. Where do we stand on forcing a sale on the house ??

Thanks in advance for any help and advice.

[bednobs]

you would probably need to get a court order. how old are the kids

[woofgang]

I would go and get some specialist advice on this one.

[debbie251]

Children are 8, 11 and 15. And he has a joint custody order for all 3 of them and we are able and willing to house them full time.

[FredPuli43]

It requires a court order to force a sale. You need to go to a solicitor.It's impossible to advise without knowing more, which the solicitor will ascertain. An order for sale is usually granted; in this case it appears, at first glance, to be the best solution; but you need professional advice on the prospects and on dealing with the various creditors who have interests in the property.

[debbie251]

thanks will make an appointment with our solicitor then. Just wanted to make sure we had grounds before paying the fees for the legal advice :)

[tonywiltshire]

The problem may be that the mortgage provider may not permit your partner’s name to be removed from the mortgage document, as this will also relieve him of any responsibility for the mortgage. If there is equity in the property for your partner a sale may be the best solution. The charging orders on your partner’s ex-partner will apply to her part of the property. With property and children involved the advice to contact a solicitor is probably the best solution.

[kaw69]

Or do as I did,
Not pleasant but needs must,,
similar circumstances, I was paying the mortgage, wanted to sell but my ex-wife wasn`t having it as long as I was paying she saw the equity rising without any contributions on her behalf, so I did the only thing possible to force her to agree to the sale.
I stopped paying the mortgage and after 2 months the RED letters were getting serious about repossession so I presented them to her and explained that if we didn`t sell and split the equity then it would be repossessed and sold at a loss and she would be joint liable for any difference.
After some expletive language she agreed and the house was sold and we have both moved on with some money and a clear credit history.
It was tough but had to be done,,,,, and no regrets.