FORCED SALE

I SPLIT FROM MY GIRLFRIEND 3 YEARS AGO I HAVE A 5 YEAR OLD DAUGHTER WITH HER SHE HAS MY DAUGHTER AND LIVES IN THE HOUSE WE BOTH BROUGHT TOGETHER NEVER MARIED THE DEEDS ARE OWNERS IN COMMON WHEN WE SPLIT THERE WAS 100000 EQUITY SHE WOULD NOT SELL WHEN WE SPLIT I HAVE HAD TO BUY NEW HOUSE I BIT OF A STRUGGLE DONT URNE MUCH SO CAN ONLY PAY MY MORTGAGE SHE HAS BEEN PAYING HERS IT IS IN BOTH NAMES SHE HAS NOT PAID IT FOR 3 MONTHS I THINK I WILL BE BLACK LISTED AND IT WILL BE REPOSESSED CAN I FORCE A SALE. I DO PAY MAINTANANCE DIRECT TO HER. BEFORE I WOULD LOOSE SO NEVER DID BECAUSE OF MY DAUGHTER BUT NOT SURE NOW CAN SOMEONE ADVISE PLEASE VERY WORRIED I ALSO SPENT 20000 REFURBING HOUSE BEFORE SHE ASKED ME TO LEAVE BUT ALL CASH SO NO PROOF.

I don't know the answer, as most couples are joint tenants of property. Perhaps the Citizens Advice Bureau can help, if no one on here knows.

You surely don;'t want to make your daughter homeless - do you ?

You have the right to apply for an order sale but I think it is likely that a sale would be postponed until your daughter was no longer dependent.

Mike 100468

my x only keeps my daughter to keep the house and has told me as much she has a home with me if needed i also fale to see how anybody could be homeless with 50 to 60000 in the bank from the house sale she might be able to stop there to 18 but do you think the mortgage company will let her have it for free and she works full time just has no desire to pay .

No, if the mortgage is not paid, the lender is likely to take steps to re-possess the property. It is inadvisable to let this happen as the costs can be disproportionately high with the result that is less for you.

I hate to tell you, but if you signed the mortgage deed then the lender can also take proceedings against you in the event of a shortfall. This is because you would have given a personal covenant in the mortgage to repau the loan and this is enforceable against you under the general law of contract.

Mike 100468

The law regarding this issue is summarised here:

www.wikivorce.com/divorce/Divorce-Forum/...-lots-of-issues.html

but frankly, Mike is right - your bigger issue is the steps the lender is likely to take.

Amanda

it would always have been upsetting to see them loose there home but i was thinking it would have been better for me to force sale as she wont sell and i would have split money in her fever than watch it repasessed and we both loose i think there is anouth equity to cover reposetion fees so dont think there will be a short fall hard to no what to do for best if i go to court they could reposess before i have done it anyway so a wast of money very usefull advise though i no a bit more than i did many thanks