Hi,
Have posted before, but with new things happening all the time thought I would post and see if anyone can clarify things for me or give me a few points in the right direction.
Was thankfully finally divorced in April after over 2 years of wrangling, and general nonsense which resulted in my ex lying in court under oath and thanks to a somewhat gullible, verging on the senile, Sheriff the court ruling for finances went in her favour. All we have left to sort out is the house. We bought the house for £134k in April 06 right at the peak of the property boom.
We agreed to put the house on the market, or rather the court ruled we put the house on the market, and it has been so since last May. The house went on for £145k and is now at fixed price of £130k. None of which I agreed to as the price is way too high for the current market climate, especially considering the house is in a state of growing disrepair. My Estate Agent fails to returns my calls, refuses to call or take calls from my solicitor to discuss the matter and I have discovered this week viewers have been to the house and made offers without my being informed - this despite me owning 50% of the house and it being impossible for the house to sell without my consent. Surely this is either highly unethical or even illegal on the part of the Estate Agent?
The offers received through viewers have been for £105k, which I have to say is not far short of what I would accept as like I said the house is a shambles. Other offers from property buyers have been of £110k, which I would accept as it would clear the mortgage. However, when the property buyer contacted my ex she said she wasn’t interested in selling the house regardless of price.
On top of this my ex is stilling living in the house, and has according the council tax records never moved out despite telling the court her official address was elsewhere. Would I be right in thinking if the
FMH has continuously been her registered abode for tax and voting purposes I should have no problems in claiming she has lived here all this time?
She is now openly back living in the house yet hasn’t told me and refuses to admit it. My mortgage payments have stopped and I have frozen the joint bank account forcing her to pay for the house on her own or lose it through the bank seizing it. Either is fine by me. Would it be fair to expect her to pay for the house and all the bills linked to it if she is and has been using the house? All of this after she asked I leave the house so the house could be sold as emptied.
We have been unable to speak to her or her solicitor who fails to return calls and when he does finally get pestered into speaking claims he has been unable to speak to her.
The final twist is my new partner and myself are due a baby this coming Tuesday (Aug 4th). Would this make any difference to anything I have mentioned? Especially in terms of my being expected to pay for the FMH which she now lives in and also maintain my family?
The bank have been informed about all this and even they recommended I stopped my payments. My preferred option is she agrees to sell the house at the £110k offer, this or she agrees to take on the mortgage herself and continues to live in it. What I am not prepared to do is pay for her to live in the house and thus not be able to support my child to the extent to which I would like.
Thoughts and advice welcome.
Thanks
