selling house

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wilkesneil | 18:53 Sat 06th Aug 2011 | Law
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where do i stand legally on selling my house (solely in my name only).
my ex who is in the house wants the house and i don't basically. she won't buy the house off me or get a mortgage to get her name on the property as i want my name off the property, yet today i received a letter from her solicitor stating 'our client wishes to remain in the property for the sake of the children as it is a family home and they are settled there, also our client wants the property transferred into joint names and want me to confirm whether an agreement can be arranged for this and that our client has a restriction registered against the property'
she had agreed with me to pay the mortgage each month but hasn't paid for 3 months now and the letters keep coming through the door.

i have a cash buyer waiting to purchase my house at market value and will keep her on as a tenant. where do i stand with selling it or has she got no hold over it.
i believe i've given her almost 6 months to sort a mortgage out to buy me out and she hasn't so i believe i've given her enough time.


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I've read your other posting but would suggest that you get your own solicitor to help you deal with the problem as it's obviously going to be tricky.

No, the bank will not change their minds. She has to pass the credit checks and be able to prove she has the income to pay the mortgage payments.

If she can't do that then the bank wouldn't touch her regardless of what her solicitor says..
Are they your children? And are you married?
Yes - get independent legal advice. When I split from my ex, the house was transferred to him and he bought me out. If you go to joint names then the debt will always be your responsibility - and your ex is not paying already, so that doesn't bode well. Get your own solicitor to write and say that if she wants to stay in the house, she'll have to buy it from you. She'd had plenty of time, and there is a solution already at hand with your potential purchaser. However - if you have children you do have an obligation to them. Get advice, don't hang about.
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the kids are mine but the cash buyer will keep her as a tenant, i just think she has a nerve to just do this without mentioning anything to me. i just want rid so i can get married in april with no ties to her except the children. i just want the house off my name.
As we've said - get your own solicitor on the case, a.s.a.p. This needs sorting before it goes any further. If your ex can't get a mortgage, then she can't buy you out.
Are you paying the mortgage at the moment?
I hope the cash buyer isnt one of these buy your property and you rent it back ones, I know a couple who got stung on that and eventually they got 8 grand which was a pittance
If the mortgage hasn't been paid for 3 months then i wouls have thought the mortgage company will have started to think about repossession proceedings or at least sent letters to tell you what the next steps are. I would have thought she is entitled to part of the house as she has been paying the mortgage on it, not you. Are you seriously saying you don't contribute anything twards housing the kids?
It seems like you need your own solicitor, and get in touch with the mortgage company immediately to work out how you are going to pay. What is the restriction she has registered against the property?
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bedknobs-- i do fund the kids but i refuse to pay the mortgage as i'm paying 25% of my wages to her as maintenance for the kids. it was her decision to pay the mortgage for the last 6 months but i don't see how she can have a claim after 6 payments (if she had paid them) as i paid the last 3 years and also paid the £25,000 equity that's in the house. i believe she could get a mortgage but just wants me to suffer with the house as she knows i don't want it.

cazz--- the man who is offering cash is a friend of mine who rents houses out after buying them, as he knows this house is immaculate inside and out (no work needed and decorated to high standard) he is offering me enough to clear mortgage and for me to have about £13,000 after the sale.
obviously i don't know your circumstances, but if you were living together i would guess you would probably be paying more than 25% of your pay on your kids - feeding them, housing them, clothing them etc.
You really need to get your own solicitor.

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