Matrimonial Difficulties

Posted on 11 May 2010 by Lesley

My brother is separated from his partner (approx 3 years ago) they have a 7 year old child.  He has parental responsibility via the courts yet has no access to his daughter and has not had access for the past year.  Due to the emotional impact this process was having on his daughter he has informed his solicitor to stop the court proceedings for access.
The mortgage is in both names and the ex partner has continued to ask for my brothers name to be taken off the mortgage yet he has refused.  For the past 3 months she has stopped paying the mortgage and has written to my brother informing him she can not afford to sell and will aim to have the house repossessed.  We believe this is her latest method of trying to force his name of the mortgage.  My brother is now paying the mortgage. 
She is living in the house with her partner and their 4 month old son and my 7 year old niece.  He wants to buy the house, she refuses, sell the house, she refuses. My brother has initiated an offer of a lump sum if he is able to buy the house yet this to date has been refused. Is the only option a forced sale via the courts? 
We have been dealing with his ex partner as a family for 7 years and have experienced allegations of domestic violence involving the police and referrals to social services form her therefore we are realistic in how difficult she can be.


Whilst I believe that your brother is doing the correct thing in paying the mortgage, I regret that the situation you describe is beyond the limits of advice this website can provide.

I recommend that your brother speaks to his Solicitor about what avenues remain open to him.


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