10-30-2019, 09:13 PM
I've been living in the jointly owned matrimonial home since separation, it is not longer the primary residence of the ex or me as I have relocated to be closer to the kids.
The mortgage is currently 3 months in arrears and the ex is refusing to contact the mortgage provider to agree a concession on the current payments, the lender needs her consent to agree a lower payment with me as she is a joint owner of the debt. I obtained 3 valuations from estate agents which all valued at the same price, I sent these to the ex and asked her to provide her relevant details to the estate agent so the property can be marketed - they need this information given she is a joint owner.
I have sent her all letters received from the lender so that she cannot raise any issues later. Not sure of the ex's position here given she will lose any equity that she is entitled to if the bank is to repossess.
Is anyone aware on the process to force sale of the house, I don't think this will fall under the usual financial order submission to the family court given that would take a while and I need to put the house on the market and get it sold before any repossession proceedings are started by the lender.
I have been made aware that I would need to obtain a CCJ via the County Court but am not sure about this. For background, the ex is refusing to discuss with me, the lender and her solicitor is not responding to any of my emails on this matter.
The mortgage is currently 3 months in arrears and the ex is refusing to contact the mortgage provider to agree a concession on the current payments, the lender needs her consent to agree a lower payment with me as she is a joint owner of the debt. I obtained 3 valuations from estate agents which all valued at the same price, I sent these to the ex and asked her to provide her relevant details to the estate agent so the property can be marketed - they need this information given she is a joint owner.
I have sent her all letters received from the lender so that she cannot raise any issues later. Not sure of the ex's position here given she will lose any equity that she is entitled to if the bank is to repossess.
Is anyone aware on the process to force sale of the house, I don't think this will fall under the usual financial order submission to the family court given that would take a while and I need to put the house on the market and get it sold before any repossession proceedings are started by the lender.
I have been made aware that I would need to obtain a CCJ via the County Court but am not sure about this. For background, the ex is refusing to discuss with me, the lender and her solicitor is not responding to any of my emails on this matter.