joint home??

Over the last 3 years it has taken to get my divorced. My ex still lives in our family home (joint names), and doesn''t pay anything towards the morgage (also in joint names), (we are so far in front with it).
The thing is, i need the collateral from the house to help pay the bills ocurred during the divorce.
The house is up for sale and has been for a year.The estate agent hasn''t put it any other site except there own, there isn''t a sign up outside the house, and my ex appears to be out or away when ever a potential buyer asks for a viewing.
Saying that the estate agent won''t talk to me or reply to e-mails.
Does anyone know of a way to force the sale of the house???

Hi Joanne,

Welcome to wiki.

If you are divorced, you''ll need to sort out the financial split.

The ways to do this are:

Between you

Via mediation

or if neither of these work - Court (Ancillary Relief process)

All assets and debts are taken into account (The marital home is usually a major part of this, but all assets are included)and ''needs'' and then everything gets divided up appropriately.

Anyway - in answer to your question, only a court can order the sale of a house.

WR

The law courts have stated that the house should be sold & the proceeds should be divided 50/50.
However, he''s living there not having to pay anything towards the mortgage, as its been paid up, for at least 3yrs. Only then will we need to start paying it. Mean while, i''m living in rented property & paying out for it.
Like I said, I need my half of its worth, mean time he is sat pretty & smug. (I guess thats why he''s not bothered about selling the house!!)
It just feels as though he wants me in the gutter, without a penny to my name!!!!

Someone might correct this but I think legally you have the right to enter your own property without breaking any laws. You can therefore show prospective buyers around.
I would also poke the estate agent a bit. After all agents work for commission and should take full advantage of all advertising mediums and if they don''t, change agents.

well, you need to show a bit of initiative here. If the contract with an agent is not on exclusive basis, you can get as many agents as you can. In addition you can GIVE keys to an agent ( this depending on your circumstances). Someone mentioned before that you can be there during the viewings. Put the sign up yourself, go to diffrent agents.

polar wrote:

Someone might correct this but I think legally you have the right to enter your own property without breaking any laws.

Consider yourself corrected. This is not true. The OP has been absent for 3 years. The ex-husband has a right to privacy under EU human rights laws and this will over-rule her right of entry.

You should write to your ex-husband telling him that if he continues to deliberately obstruct sale then you will apply to court for enforcement of the order, and you will be seeking a costs order for doing so.

If that kick up the bum doesn''t work then you should go ahead and do that.

I will stand corrected. There might however be a case if the house is paid for to charge a rent. Im my case I had to pay the mortgage because I still lived in the property and therefore I had benefit from it.

As you say however, force a sale.