I have had a financial settlement in court that my ex husband should receive 33% of the equity minus fees etc. As he has not paid maintenance for 7 years, I want to subtract unpaid maintenance and debts (that he agreed to pay and never did) can I do this?
Secondly, can I sell the property if my ex husband''s name is still on the mortgage?
Welcome to wiki, you will find lots of support on this site.
As for your questions, you do not say but I presume the maintenance your ex has not paid is SM, not child. Sadly you will not be able to deduct this from his share of the proceeds of the house sale. Enforcement of a court order has to be done through the court and needs to be applied for before they are 12 months over due as can''t be claimed back for longer than that. If it was an arrangement between the two of you (not court order) then I am not sure how you stand
Selling the house will need both signatures if you are both on the mortgage.
I am no expert but I am sure one of the more knowledgeable wiki''s will be along soon.