Hi all. I really need some advice and guidance on this, hopefully someone here can help as myself and my partner are in a bit of a sticky situation. I will try and be brief whilst giving all the relevant information:
My partner and his ex (not married) have 2 children. They bought a property and lived in it altogether for a few years. They separated and she left the property and moved in with a relative nearby. He stayed in the jointly owned property with the children on the understanding that they would sell it asap.
For almost 2 years he has stayed there, paying a large mortgage and bills which he cannot afford. He can't keep up paying for a mortgage they got when there were two good wages coming in. She has not paid a penny towards the property or mortgage for over 1.5 yrs.
She will not respond to any attempts for trying to arrange for the property to be sold or rented out. He has offered her the property to live in if she wants to take the full financial cost, still no response. She has basically dumped him with the property that neither of them can afford alone and he doesn't know what to do. It's also in negative equity of about 20kish. She has said she will not pay a penny towards it or agree to sell it until it is out of negative equity. He can't currently rent it out as it needs lots of work doing to it which he can't afford (she will not pay any maintenance or repairs cost) and I think he'd need her permission anyway and she has said it will not be given.
He's sent her another letter today but we know she will ignore it. We know why she is doing it, she is holding him to living there which means he cannot move in with me (she has said she does not want any other woman living with her children). i think her plan is to refuse to sell or rent or communicate until the market gets better and the property is out of negative equity. He has been paying the mortgage all that time then she agrees to sell and takes half the bloody profit. Not a chance, we need to do something soon.
My question is - can he apply to court for permission to sell (we have been advised this is sometimes possible) given that she has shown no interest in the property, doesn't want to live there and will not pay anything for or towards it or communicate about it at all. If it is sold there will be a shortfall of about 20k (negative equity) will the court order than it is split between them and they pay half each (my partner is happy with this). Is this possible? How much will this court application cost us.
Staying living there isn't an option. He can't afford it alone, I can't move in with him as not big enough for us two and both our children's. Plus she recently let herself in without notice or permission and took the children's bunk beds that had been given to them by her family years ago, she also has a nose around, went through his paperwork etc. As a joint owner apparently she has the right to enter at any time (despite it not being her home for 1.5 yrs) and my partner now feels very uncomfortable living there now. He has of course now changed the locks (grey area I know) but that's a side issue.
Any help would be greatly received.
Thanks!
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4 replies
KaraThrace123 · 29/11/2012 01:10
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