A court order to enforce house sale?

Hello everyone

My partner and I live in his FMH while he and his ex have both their names on the mortgage.
When they divorced she left the FMH and it made sense for him to move back in rather than sell when the market was at a downturn. She has reiterated that she wants nothing to do with the house, which is all fine and well since she never contributed to a single mortgage payment to the place when she lived there nor when she moved out.

My partner paid 100% of the mortgage and when I moved in I contributed towards the mortgage as well as got a lodger in to help relieve some of the financial burden of a £1700 per month mortgage.

The question is that we are looking to emigrate by the end of next year; we strongly suspect the ex will not agree nor sign paperwork pertaining to the sale of the house in an attempt to delay the sale for no other reason than just to be spiteful as track records have indicated.

Is it worthwhile using a D11 and to get a Directions hearing and a court order for the sale of the house before hand in an attempt to preempt the issues that she will cause?

The marital home is a marital asset unless their marriage was short and childless his wife will have a claim to some of the equity, how much depends on length of marriage children ect.

Directions hearings are for ongoing Ancillary Relief claims.

They need to agree the financial side and have it written as a Consent Order, mediation is a good place to start.

What the ex is entitled to with regards to the equity of the FMH is not being disputed. Although the place is in negative equity at the moment.
The issue comes in where to date a consent order has been drawn up several times and she has not signed it even though she agreed to have them drawn up based on the terms proposed. This has been going on for almost 2 years now.

We cannot move on with the financial burden of this house as it presently stands.
Can we force her to sell since we live there and can't afford to? Never-mind the fact that I am contributing to a mortgage in her name and I don' t stand to gain any equity out of the sale of the house.

Are you saying we cannot sell the house until the consent order is in place?

Hello

You can sell the house with out the order but only by agreement so if his ex says no there's not much you can do, she would doubtless register home rights making it very hard to sell.

The problem with the consent order is it must be by agreement, it can only be imposed by a judge after a final hearing, i don`t suppose you could offer to pay her a small sum once the order is signed and sealed, i know its unfair but often money oils the wheels.

Home rights on a house she was practically given and didn't want and left voluntarily? And hasn't paid a brown penny towards?

Oh my word...if I ever think of getting married please give me a good smack upside the head.

The money option may work; but then again her lawyer could say we are putting pressure on her. She is in absolutely no rush to sort anything out.

Makes one very tempted to hand her the keys and say 'Here we are leaving the UK, this is now yours and the banks will come after you!'
Good luck.
Why is this looking like it's heading to court?

Under these circumstances it is often best to go to court earlier rather than later. It isn't going to court itself that costs large amounts of money but it is all the letters that go to and fro between one party's solititor and the others... keep that to a minimum and its not too expensive (well not when set against mortgage payments of £1700 a month for no equity...)