Posted on 26 February 2011 by Helen
My ex and I have 2 children together and separated 3 years ago. He has not contributed to the upkeep of this mortgage and has under duress contributed to child maintenance through the CSA. My question is now he is not working, and not contributing any money via the CSA. Although I work full-time and have a part-time business, I simply cannot contribute to the high mortgage as I have a a high level of debt as well. Although I haven't relied on my ex's maintenance because he was a high earner, it was quite significant and helped me pay the mortgage. Without that I believe that I have no choice but to sell the house but under the Children's act take the full equity and downsize, thus giving my ex 50% when my youngest is 21.. My dilemma is I can't trace my ex.. If I can't locate him, can I still take him to court to get an order of sale or order to sell to move elsewhere if he is untraceable.. Is there a time limit on this?
I regret that the question you have asked is beyond the limits of the advice a Mortgage Broker can offer. I recommend that you speak to your solicitor about your situation.
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