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Hi guys , usually some smart ponners on here so asking for a pal ....
Mate divorced last year from his witch of a wife , they have a joint mortgage on the house she still lives in with her new fella ( 2nd one ) and my pals two kids both under 18 .
My mate wants to sell the house giving her more of a slice than she deserves but she wont budge on selling the property . Is this a court job ? Any of you guys with advice much appreciated . That house is far too small for the growing lads anyway !
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How old are the children?
How have they “divorced” before finalising a settlement?
I told you I’ll be back
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11 and 7 , yeah FF got divorced . Settled on kids support , debt shared but was getting nasty with families so left her living in the house which is a joint mortgage.
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Tell the mortgage company.
They will check on affordability. They also won't want another adult living in the house because he has a right of interest.
As soon as they get a whiff of this, it should bring matters to a head.
If you want to PM me the name of the mortgage provider I can ask them what their policy would be.
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I’d suggest until the children are 18 the father has a duty to provide a home for them ie the family home they are currently live in , it also depends if they are tenants in common or joint tenants on what % each own weather married or not . Not sure what kind of solicitor would process a divorce without covering all the financial circumstances at the same time ?
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Not sure on that but when solicitors get involved they will advise the children need a stable home and the father has that duty to provide that even though they are divorced, forcing to sell through court is costly and not a easy quick process, like we’ve both mentioned doesn’t seem right this is all not already in place.
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Just asked , divorce was done via Gov.uk website .
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No idea about that , all I know he needs to find out what % of the house he owns they are probably 50/50 as joint tenants that is pretty usual but it could be they own different % usually when one person has put down a large deposit and has protected their money . Forcing to sell with his kids under 18 will be a nightmare and will cost a small fortune.
