My husband and his ex wife separated 10 years ago and she stayed in the property with their 11 yr old daughter. When we met everything was done on her terms, such as when I was allowed to meet daughter etc however 4 years ago she moved her new partner into the house she co-owns with my husband and has since gone on to have another child. My husband had been trying to get off the mortgage however she is refusing to sell. Her new man is happy to live in the house they owned, however won't be added to the mortgage as he doesn't want to but into the house that she owned with her ex husband. My husband wants to be added onto my mortgage, however while still on his old mortgage he can't. Can he legally force her to sell his old house? We were both happy for him to stay on that mortgage while it was just her and the child, however she had now moved on personally, but will do nothing financially about the house. Where can we go from here, it's getting ridiculous. The mortgage company do not know that her partner is living in the property and my husband has not given his permission to ve there, however my husband doesn't want to go down the route of informing the mortgage company if there is anything else that can be done.
It is a strange one. She is very bitter and even though they had split up years before I met him, I still get the blame off her and she bad mouths me to my step daughter all the time. Im more than happy for him to go on my mortgage, he had paid 50% of everything and we actually bought this house together although could only put my name on the mortgage due to him being on the other mortgage and also paying off loads of debt that he and his ex wife had racked up together, which he took on solely and paid off himself, with no help from her what so ever. He's trying to be amicable about it all and just wants off that mortgage so that if she defaults on the payments then he won't be liable for them. He had suggested just transferring it into her sole name and walking away with nothing but she seems to want to keep a hold in him and this is the only way she can now. If we know that legally he can force the sale, at least we know what options we have.
Who was the applicant in the divorce proceedings? Was there any application g or financial settlement during the divorce or before you married?
This is important as he may have fallen into what is known as the remarriage trap as far as making a claim in the family courts goes.
If the house is in joint names he can force the sale using property law but this would probably trigger a financial settlement case from her. That should at least allow matters to be settled. It is important to bear in mind that a court cannot force the mortgage lender to put the mortgage on her sole name; she would have to satisfy their lending criteria.
If there is a child or children from the marriage under 18 then their housing needs would have to be considered.