Final Hearing tomorrow!

Well after thinking I was prepared for tomorrow I have a sudden case of nerves and wondered if there is anything I need to know for it!

Very briefly, I was married for two years no children between us, but have had a a Decree Absolute, that was easy.

During the marriage a house was bought solely in my name, I am the only person on the deeds and pay the mortgage myself, this continued after we split in September 2018.

The issue has been the house, she does not want to leave it, but has been unable to get her own mortgage to buy it from me.

This has gone all the way to a final hearing, just on the issue of this house alone, we have nothing else to argue about.

I just want to stop paying for a house I have no access to, and as I am the only person on the mortgage, I can't just stop paying.

I am intending to ask the courts to force the sale, and ask that she move out within a reasonable time, (2 months?) So I can do this. After the sale and associated costs we will split any equity 50/50.

Any tips? Anything I should be aware of?

I assume you've checked the case law?
If not, there's a link
www.mondaq.com/uk/family-and-matrimonial/66418/short-marriages

Good luck Scamell!

Please tell us how it goes so we can learn from your experience!

VIG

You need to be able to demonstrate to the judge that her housing needs can be met from 50% of the increase in value of the assets. This can be bought or rented.

Have you made an open offer to settle??

Hadenoughnow

Yeah, I have made offers since day one, the issue is she can not get a mortgage due to her credit and work life, hence why she was not on the mortgage in the first place.
I literally don't care if she buys it or it is sold, I just want off the mortgage, she has been playing this for 2years now, this is my 3rd final hearing!!!

I have read about sole conduct of sale, I hope to ask for this, though I am not even sure if I can or should?
I am very worried that even if she is made to leave so I can sell, that she will simply not comply, and I will be left with her in the house still and me no better off.