i put her name on mortgage to give her security, she has never paid anything which is fine as i have three children with her. she is married now and moved out 8 months ago, we have agreed a amount that i will pay to transfer equity but i am waiting for a new mortgage offer to come through to pay her the money . can she force a sell of house in court ?
2007-03-03 03:48:10 · 7 answers · asked by nick 1 in Family & Relationships ➔ Marriage & Divorce
No she cant.....I made the mistake of being mis-lead by a solicitor who only wanted the money.I had no savings and would only have money after the house was sold.Your ex is only entitled to half the value of the property from when you both moved in to the time she left,any increase in the value since she left is yours! Plain and simple! Why should you end up homeless because she has moved out,if you share custody of the children where would the judge expect you to accomodate them on visits,in a hotel?
Dont be rushed into making any rash deceisions,and dont be bullied by a solicitor into selling up.Agree a settlement figure and pay from your re-mortgage,don t loose the house mate.I did and its my biggest regret.
You might struggle for a while but at least you will have a roof over your head and a reason to go to work everyday.
Stick with it and the very best of luck to you...
2007-03-03 04:01:43 · answer #1 · answered by freddy 2 · 0⤊ 0⤋
I think if negotiations are already underway, and you have come to an agreement, she would have difficulty persuading a court to order you to sell the house. By the time such a sale had taken place your mortgage offer would probably have come through weeks before, so the whole exercise would have been a waste of time. An application for order for sale is appropriate where one partner is refusing to market the property for sale and there are urgent financial reasons why this should happen without delay. These might be for example where the wife is living in the property with her new boyfriend, can't afford the mortgage and is running up debts all over town although neither of them works. The husband is unable to pay the mortgage and outgoings (which the wife is leaving him to shoulder alone) as well as pay the same on his own new home. In this situation he would have no choice but to seek an order for sale of the house, however, if his children by his wife were living in the property with her and her new boyfriend, then the position might be different. The wife's irresponsible attitude to finance might still mean the house would have to be sold and alternative accommodation for her and the children found.
2007-03-03 07:03:32 · answer #2 · answered by Specsy 4 · 0⤊ 0⤋
When I got divorced, my ex signed a quit claim deed. His name is still on the mortgage but not on the house. He has no rights to the house whatsoever.
2007-03-03 04:02:41 · answer #3 · answered by sweetnessmo 5 · 0⤊ 0⤋
Property laws like this vary by state, so there is no way to tell. You should post this question over in Law & Ethics and you should specify where you are from. You might be able to find an attorney near you that knows the laws of your state. You can also post this question at www.lawguru.com and it will be routed to an attorney in you state.
2007-03-03 04:06:07 · answer #4 · answered by Carl 7 · 0⤊ 0⤋
Yes, she can request it, but you have as much right to it as she does so if it gets to that it'll be mediated until you come to an agreement. From what you're saying, it hasn't gotten to that yet right? If you made an agreement stick to it and she'll just have to deal with waiting.
2007-03-03 03:53:53 · answer #5 · answered by mixedup 4 · 0⤊ 0⤋
Yes.
2007-03-06 08:28:26 · answer #6 · answered by Noadonis 3 · 0⤊ 0⤋
Get a lawyer , who knows.
2007-03-03 04:06:48 · answer #7 · answered by Anonymous · 0⤊ 0⤋