House Sale

[Leader1978]

Fellow Dads,

Need some guidance here.

I have been living in the former matrimonial home for 12 months; recently my ex relocated 50 miles away without notice with the aim of obstructing my time with the kids, I currently have them 45% of the time.  However, she will need to think again as I have in suit relocated to a couple of hundred yards away from the school that my ex has enrolled my daughter into. 

The issue now is that the former matrimonial home is co-owned between me and the ex however, neither of us will be living there as we have secured additional accommodation.  No financial proceedings have been initiated even though my ex has threatened to submit an application to the court on numerous occasions, my focus was on concluding on the child arrangements prior to engaging in discussions around finances. 

We are behind with the mortgage payments and the ex has continued to refuse to contribute since she left, we really need to sell the property before the bank start initiating repossession proceedings, the bank had agreed to some kind of reduction in the monthly payments but needed agreement from the ex as she is a co-owner - the ex has refused to speak to the bank. 

I have obtained valuations and shared the details directly with the ex, she is now refusing to sign the agency agreement with the estate agent so that the property can be marketed.  I may initiate proceedings myself so that the court can order the sale of the home as their is some equity available. Given her reluctance to communicate to the bank and risk repossession then I may even suggest in my application that the ex is not claiming any financial interest in the property and hence, there should not be any equity due to her.

Any thoughts?

[Charlie7000]

I am not up on this kind of thing unfortunately. I think you might need legal advice. Good you’re living near the kids now. I’d have thought if she won’t agree with building society then you would need court to order the sale as you say. She would probably make a claim on half the equity if it was sold. You don’t think she’d move back in do you? If it’s empty?

[AK2018]

I am not in exact situation. But was advised to come to financial agreement before court order will be done for repossession. As I understood it's an extra asset and both of you have already where to live. So it's it good possibility that judge would order repossession but would give a time for both of you to sort this out and put house on the market.
If bank will take a house a way, you will have to pay fees for repairs, gardening, security, etc so it will come out of the after sale pot.

[Leader1978]

Thank you for the advice.

It's the bank taking the house over which concerns me as ultimately, it's the kids money that will be lost.

She won't move back in as; 1) she won't be able to afford it and 2) it will mean she will have to remove the eldest from the school she has just started and relocate 50 miles back to where she was