Forcing a sale of a house

Thanks for this. Yes, I could have explained better. The house is in joint name and in arrears. He cannot truly afford the mortgage on the three bedroom property - he makes most of the payments with help from his parents. A quarter of the property belongs to a housing association (this sum is also in joint name) and he cannot remortgage to buy me out. His parents won't go as far as to buy into the property (and because of the housing association sum, they would need serious cash to get involved).

I have three children by him, only one under 18 and she is living with me. There is no life cover on the mortgage and he is paying interest only.

I would gladly let him have the house, if I could get my name off the mortgage. He is working and could rent, though. Thank you for looking at my post

You say the property is in negative equity. I think before going any further you need to be very clear in your own mind as to how the purchase money will be applied.

I can't see your name being removed from the mortgage, quite frankly. This situation happens in divorce very frequently ; what normally happens is that the woman is given the right to remain in the house for the time being, the man remains liable on the mortgage. The woman will agree to ' use her best endeavours ' to secure his release and to indemnify him against default ( for what that might be worth ).

If you sell, what would happen to the purchase money ? Does the Housing Association get paid out first, or the lender ?

Are his parents prepared to act as guarantors to get you released ?

We really need to know rather more here, I am afraid.

LMM

LMM, Thank you.

No his parents would not act as guarantors and the mortgage company would get the first sum.

I am not in the house because of domestic violence.

I think I have a real uphill battle ahead

Hi,

Would appreciate some further advice on this.

I've finally got my ex-partner to agree to take over the payments of the mortgage (the act of re-mortgaging the property in her name will follow down the line).

I'm happy for her to have whatever equity is available in the propery.

All she wants is a letter from me confirming the above statement.

Probably a stupid question but do I have to send the letter to her solicitor via my solicitors? Or can I just send a letter?

Thanks