My partner is divorced with a child. With his ex-wife they have two properties. In the Consent Order they agreed to sell the big house (where she used to live) and he''ll keep the smallest one. He''ll get a small amount of the equity for the big house and the small house. They had a buyer for the big house but finally he pulled out. He''s asking me to join the mortgage with him for the smallest house, but the big house hasn''t been sold yet and she''s not paying the mortgage because she has moved somewhere else. My question is, if we finally put the smallest house in both our names and the big one gets repossessed, can she claim for part of the small one so we will end paying her some money?
Really need to see the Consent Order to be able to answer this kind of question.
It will be treated like any other debt. If she does not have the money then she does not have it. If she has assets then he could force them to become liquidated to pay the debt. But if she has nothing then, well, you can''t get blood from a stone.