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Advice needed on mortgage/house on separation!


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Mods, I think this needs moving from the debt forum to a more appropriate forum where there will be more advice available.

a) Yes you can force a sale with the courts permission

b) Yes she can stay and force you to pay the mortgage until your son leaves education/age 18 (whichever earlier) with the courts permission

A lot depends on the house itself and both parties needs. I am no expert on this subject but I will give you the relevant legislation and a few points to consider.

You both own the house 50% each from what I can make out. Therefore you both have the right to request sale or occupation under the Trusts of Lands and Appointment of Trustees Act 1996. Technically you are both trustees and both equal beneficiaries (that helps with the reading!). Sections 12, 13, 14 & 15 are the most relevant.

http://www.ukincorp.co.uk/s-BV-to-act-2-trusts-of-land-and-appointment-of-trustees-act-1996.html#aofs

Due your son living with your ex, she also has access to apply to the court under the Childrens Act 1989. Section 1 & schedule 1 have most of the information.

http://www.opsi.gov.uk/acts/acts1989/Ukpga_19890041_en_1.htm

The courts decision rests with the competing needs of you & your ex, with your son being priority. The house itself is a major factor, your ex and son only need a 2 bedroom house so if the one you have is bigger it can be classed as too large for their needs. The mortgage burden is another factor, which the mediator seems to have indicated that she would have to sell, it does depend though on you & your wife’s income and ability to raise a mortgage in the various scenario’s.

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