Forcing sale of property dilemma!

buddyboy

Im in a bit of a financial dilemma. I have an apartment with my ex-wife i need to get rid/out of. She wants to keep it, but due to some stupid financial/career decisions made by herself its very unlikely the bank would change the mortgage over to only her.(Maybe im wrong on that) I want to sell it to be rid of it so i can get my own property sorted in the next year or so.

The mortgage has never went unpaid(currenty in creditby 12k) I moved out in 2013 and she has been living there, paying the mortgage and all assiocated costs, I've been renting since.

The divorce went through last year and i told her she has approximately a year to organise herself to be able to take the mortgage on herself or we will have to sell it so i can "move on" with my life! No kids etc to complicate matters.(dogs only!)

So if i do want to push for the sale of the property is there anything she can do to prevent this? I have been as nice and patient as possible dealing with this but need it gone this year. I need to get a valuation done on it this month to see how the value is looking. The sale of the property should cover the mortage outstanding and maybe a minor profit(10-15k)which i would expect to split 50-50.

A chat with a mortgage advisor last year suggested i would need to be fiancially rid of the old mortgage before i can get a new mortgage on the next property.

I can't see any other way around this situation apart from sale. Has anyone dealt with this kind of problem before and can help suggests some options are approaches that might be of use to me?

Thanks!

peteb2

What agreement did you have in place when you both bought it? Were you married at the time? Was it joint tenancy or tenancy in common?

Peregrinus

I don't think you can answer this question outside the wider context of the financial/property aspects of the marriage breakdown. Your ex-wife lives in the apartment and by your own account she's not somebody who could get a mortgage, so she won't be able to buy somewhere else. By your own account, if the place were sold, she'd get a few thousand, and would have nowhere to live.

If this were a simple shared investment between business partners none of this would matter; if there was no agreement to sell you'd head off to court and get an order for partition and sale as a matter of routine. But as its the fallout from a marriage breakdown, if it ends up in court it's addressed under a whole different set of rules, involving looking at the situation, needs, etc of both spouses (and of any children, though as you don't mention children I presume there are none). Also of course any relevant provisions in any separation agreement or divorce order between you would be very relevant.

I think you probably need legal advice on this from an experienced family law practitioner.

Atlantic Dawn

Did you come to any kind of arrangement as to her paying the entire mortgage when you moved out as to what benefit she would have from that? It might not work out well in court, she could claim you legged it and you might not be able to prove otherwise.

Mrs OBumble

buddyboy wrote: »

The divorce went through last year and i told her she has approximately a year to organise herself to be able to take the mortgage on herself or we will have to sell it so i can "move on" with my life! No kids etc to complicate matters.(dogs only!)

How did the divorce go through without this being determined legally?

buddyboy

peteb2 wrote: »

What agreement did you have in place when you both bought it? Were you married at the time? Was it joint tenancy or tenancy in common?

We weren't married when we bought it in 2007 together with a joint mortgage as a couple. we married in 2010, seperated in 2013, short and sweet!

Peregrinus wrote: »

I don't think you can answer this question outside the wider context of the financial/property aspects of the marriage breakdown. Your ex-wife lives in the apartment and by your own account she's not somebody who could get a mortgage, so she won't be able to buy somewhere else. By your own account, if the place were sold, she'd get a few thousand, and would have nowhere to live.

If this were a simple shared investment between business partners none of this would matter; if there was no agreement to sell you'd head off to court and get an order for partition and sale as a matter of routine. But as its the fallout from a marriage breakdown, if it ends up in court it's addressed under a whole different set of rules, involving looking at the situation, needs, etc of both spouses (and of any children, though as you don't mention children I presume there are none). Also of course any relevant provisions in any separation agreement or divorce order between you would be very relevant.

I think you probably need legal advice on this from an experienced family law practitioner.

It was a mutual situation seperation, and rather than still live under the same roof. we agreed that i move out and she stays living in the apartment and pays the mortgage. Its a small monthly repayment to be honest and her friend was paying half that with here and then a boyfriend of hers for a few years. No kids to complicate things thankfully. there was no need for a seperation agreeement as there was no dispute over anything.

Her inability to be able to take over the mortgage on here own is 100% her own doing she decided on a career change and is trying to start her own business, just picked the worst timing possible to do this! From what i know its hard to get mortgage approval on your own as a new sole trader, i dont feel i should have to wait for her to get her finances in order. If we sell it she could rent like i have been for the last few years

When i was talking to my solicitor during the divorce proceedings he told me i didnt need him since this was such a straight forward divorce and we represented ourselves in court.

Atlantic Dawn wrote: »

Did you come to any kind of arrangement as to her paying the entire mortgage when you moved out as to what benefit she would have from that? It might not work out well in court, she could claim you legged it and you might not be able to prove otherwise.

No legal arrangement was in place, the benefit of her staying living in the apartment was that she got to stay in her home and not have to go out into the big bad rental market! When in court last year the judge asked about property adjustment order. We explained the situation that she would try to be in a position this year to take on the mortgage herself and if she couldnt do that we agreed to sell the property.

It definitely is an unusual situation to be in. Hopefully she keeps her word and agrees to the sale without any hassle. She understands its her own decisions that caused this. But i cant help thinking when it hits her that we need to sell it she might change her tune.


Thanks for the feedback so far!

buddyboy

Mrs OBumble wrote: »

How did the divorce go through without this being determined legally?

Thats was one thing we were surprised about! i thought we would have to have another court date after agreeing on a property adjustment order but the decree of divorce was granted there and then on the first court visit we had.


I must get back on to my solicitor now and see what he thinks of all this

Mrs OBumble

buddyboy wrote: »

It was a mutual situation seperation, and rather than still live under the same roof. we agreed that i move out and she stays living in the apartment and pays the mortgage. Its a small monthly repayment to be honest and her friend was paying half that with here and then a boyfriend of hers for a few years.

Mmmm ... so you were benefiting because the mortgage you were jointly liable for was being paid by someone else, but you expect to get 50% of the capital gain. Unless this was set out legally, you may find you have different expectations.

The payment that was being made by the friend and then the boyfriend, I'm pretty sure that would be thought of as income for the both of you. Her part is tax-free (rent-a-room scheme). But yours isn't. Sounds to me like you need tax advice too.

buddyboy

Mrs OBumble wrote: »

Mmmm ... so you were benefiting because the mortgage you were jointly liable for was being paid by someone else, but you expect to get 50% of the capital gain. Unless this was set out legally, you may find you have different expectations.

The payment that was being made by the friend and then the boyfriend, I'm pretty sure that would be thought of as income for the both of you. Her part is tax-free (rent-a-room scheme). But yours isn't. Sounds to me like you need tax advice too.

It would be nice to get a share of any profit from the sale but its not the end of the world if i didnt. I just want to be able to get my own mortgage and move on with my life.

My taxes are mostly up to date in relation to this so thats one less thing to worry about

Peregrinus

buddyboy wrote: »

It was a mutual situation seperation, and rather than still live under the same roof. we agreed that i move out and she stays living in the apartment and pays the mortgage. Its a small monthly repayment to be honest and her friend was paying half that with here and then a boyfriend of hers for a few years. No kids to complicate things thankfully. there was no need for a seperation agreeement as there was no dispute over anything.

OK. When I read this I thought "Buddyboy is trying to vary the agreement that he and his wife made at the time of the separation". But then in your reply to Atlantic Dawn you add a crucial detail:

buddyboy wrote: »

When in court last year the judge asked about property adjustment order. We explained the situation that she would try to be in a position this year to take on the mortgage herself and if she couldnt do that we agreed to sell the property.

No offence, but are you possibly putting the best spin, from your point of view, on what went down in court? Not looking at you in particular, but people often do this. Ask yourself as dispassionately as you can whether your ex-wife, if she were telling us what was agreed between you and what was told to the judge, would say that she agree that if she couldn't take on the mortgage by this year the property would be sold, and that she confirmed this to the judge.

buddyboy wrote: »

When i was talking to my solicitor during the divorce proceedings he told me i didnt need him since this was such a straight forward divorce and we represented ourselves in court.

You may need him now, though, if your ex-wife's take on what was agreed turns out to be not the same as yours.

Accepting that you and your ex-wife were agreed, a year ago, that if she could not take on the mortgage the property was to be sold, you didn't at the time get a property adjustment order to this effect. And if you now end up in court looking for a property adjustment order directing the sale of the house, that will be because your ex-wife is not now in agreement that this is how things should go.

So, we ask ourselves, will the court make the order you want on the basis that it reflects something your ex-wife was at one time happy with, but now no longer is? And the answer is no, not necessarily. Neither of you sought a property adjustment order a year ago; if either of you seeks one now what the court will look at is the relevant considerations as they apply now - your needs and your means; your ex-wife's needs and her means; your respective standards of living; your ages, earning capacities; etc. What seemed fair to both of you a year ago is something the court will look at, but it's only a very small part of the picture.

So, by all means approach your ex and suggest to her that you think the time has come for her to either take on the mortgage (and, presumably, full ownership of the property) or agree to the sale of the property. If she demurs, then approach a solicitor. This time you're going to need one.