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STILL ON EX'S MORTGAGE
#1
Hi there

I left a divorce three years ago with nothing. I have two young daughters which I see half the time, I live at my mums in a tiny house where my daughters and i share a small bedroom. My ex got the FMH and was told on the consent order to use her best endeavours to release me from the mortgage which I am still on. I have no other interest in the property.
It is clear that she has no intention of doing so. She is about to qualify as a GP and earn a lot of money but sees no urgency in the fact that I am engaged and need to provide a home for my two girls and my fiancee and her son. 
My ex has been cohabiting for over a year during which time the whole house has been renovated by her partner and is worth a substantial amount more now. 
It seems so unfair that I am stuck and unable to move on with my life when she is in such a pretty position.
What can I do? could I ask the court to sell the house?
Please help....desperate times!

Chris
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#2
You may have a case for going back to the court where you got your divorce from to force or a sale or make her remortgage as she is clearly not making her best endeavours to release you. This however may be costly.

Is her new partner mad? would you refurbish a house that wasn't in your own name? Did he pay for it or has she remortgaged without telling you? She would need your signature to do so surely?

Does your partner not have a house you could live in together until this is sorted?

Maybe a strongly worded solicitors letter may get things moving before resorting to court?
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#3
(01-23-2017, 11:26 PM)modricmania Wrote: Hi there

I left a divorce three years ago with nothing. I have two young daughters which I see half the time, I live at my mums in a tiny house where my daughters and i share a small bedroom. My ex got the FMH and was told on the consent order to use her best endeavours to release me from the mortgage which I am still on. I have no other interest in the property.
It is clear that she has no intention of doing so. She is about to qualify as a GP and earn a lot of money but sees no urgency in the fact that I am engaged and need to provide a home for my two girls and my fiancee and her son. 
My ex has been cohabiting for over a year during which time the whole house has been renovated by her partner and is worth a substantial amount more now. 
It seems so unfair that I am stuck and unable to move on with my life when she is in such a pretty position.
What can I do? could I ask the court to sell the house?
Please help....desperate times!

Chris

Ask for Court to enforce the order, on form C79.

You might not be able to force a sale, as a child still lives in the house, but get legal advise, if she can not follow the courts direction, then is you applying for an occupation order the way forward? Could you get a mortgage for at least the settlement amount on the joint one?
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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#4
(01-24-2017, 12:03 AM)I may have to go to court  as she\s clealry not making her best endeavours, but what does this really mean in practice? She should qualify as a GP this Spring, but has just tried to cut down her working hours to 2.5 days a week which hardly represents best endeavours. Luckily this was refused but shows her intentions. I presume her partner has been manipulated into paying for everything. I have no equity or interest left in the house. The mortgage company wouldn't release me at the time of the divorce as 'she wasn't earning enough' on her own at the time. I'm hoping that when she qualifies she will be earning enough to take on the mortgage on her own but she is being deliberately vague about when this will be. Wrote: You may have a case for going back to the court where you got your divorce from to force or a sale or make her remortgage as she is clearly not making her best endeavours to release you. This however may be costly.

Is her new partner mad? would you refurbish a house that wasn't in your own name? Did he pay for it or has she remortgaged without telling you? She would need your signature to do so surely?

Does your partner not have a house you could live in together until this is sorted?

Maybe a strongly worded solicitors letter may get things moving before resorting to court?

(01-24-2017, 05:15 AM)Hi there,Many thanks for your reply. What\s a C79 and occupation order? I'm not sure what you mean about getting a mortgage for at least the settlement amount on the joint one. I received about £15,000 as my half of the equity in the house, most of which went on legal fees to even get me this deal believe it or not. Originally she wanted all the house, everything in it and for me to take on all the debt from the marriage. I also had to fight tooth and nail to get to see my kids at my mother's house. Wrote:
(01-23-2017, 11:26 PM)modricmania Wrote: Hi there

I left a divorce three years ago with nothing. I have two young daughters which I see half the time, I live at my mums in a tiny house where my daughters and i share a small bedroom. My ex got the FMH and was told on the consent order to use her best endeavours to release me from the mortgage which I am still on. I have no other interest in the property.
It is clear that she has no intention of doing so. She is about to qualify as a GP and earn a lot of money but sees no urgency in the fact that I am engaged and need to provide a home for my two girls and my fiancee and her son. 
My ex has been cohabiting for over a year during which time the whole house has been renovated by her partner and is worth a substantial amount more now. 
It seems so unfair that I am stuck and unable to move on with my life when she is in such a pretty position.
What can I do? could I ask the court to sell the house?
Please help....desperate times!

Chris

Ask for Court to enforce the order, on form C79.

You might not be able to force a sale, as a child still lives in the house, but get legal advise, if she can not follow the courts direction, then is you applying for an occupation order the way forward? Could you get a mortgage for at least the settlement amount on the joint one?

(01-24-2017, 12:03 AM)I don\t think he cares and who knows what lies he's being spun. I presume she has simply allowed our original mortgage to revert to a standard variable rate at the end of the fixed term which I wouldn't have to sign for. Unfortunately my partner lives two hours away, that is why we're so desperate to get this sorted. The trouble really is that my ex is a narcissist and is truly difficult and unpleasant. the thought of doing what is morally 'right' is not something that would ever enter into the equation. Wrote: You may have a case for going back to the court where you got your divorce from to force or a sale or make her remortgage as she is clearly not making her best endeavours to release you. This however may be costly.

Is her new partner mad? would you refurbish a house that wasn't in your own name? Did he pay for it or has she remortgaged without telling you? She would need your signature to do so surely?

Does your partner not have a house you could live in together until this is sorted?

Maybe a strongly worded solicitors letter may get things moving before resorting to court?
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