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    • Morgan78
    • By Morgan78 16th Jun 17, 2:42 PM
    • 1Posts
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    Morgan78
    Court Order Of Sale
    • #1
    • 16th Jun 17, 2:42 PM
    Court Order Of Sale 16th Jun 17 at 2:42 PM
    Help Advice Needed!
    I spilt roughly 8 years from my ex partner. We were never married and have two children together currently 10 and 14. We had a personal agreement when we split that I would pay half the mortgage and a subsequent £225 per month in Child Support Payments equating to £575 per month.

    Approximately 18months ago the mortgage company rang to increase the payments at which time I looked onto the value of the property and mortgage owed. If the property sells for the value indicated based on sales around us would leave us approx. £26000 in equity to be split between us. At the time of this conversation it coincided with me meeting someone new who has subsequently become my fianc!.
    The amount of verbal abuse I received was staggering and the us of my children in said abuse such as " I've told the children you are kicking them out the house" left me no alternative to seek legal advice. Letters were sent, verbal abuse from ex sister, in front my children swearing and aggressive was received. my ex then contacted the csa broke our agreement and subsequently I am paying £722 per month. She agreed last August to sell the property and I have worked over the last few months getting ready for a sale only for her to bloke my attempts to finish the last bit. I am now seeking an order of sale.

    Can anyone advise me of my chances of this happening, I understand my children are still there but ex still works and receives state benefits, along with my CS payments and she piles in lots of overtime when children are with me.
Page 1
    • mrginge
    • By mrginge 16th Jun 17, 2:44 PM
    • 4,127 Posts
    • 7,318 Thanks
    mrginge
    • #2
    • 16th Jun 17, 2:44 PM
    • #2
    • 16th Jun 17, 2:44 PM
    I can't see a court allowing you to sell your children's home tbh.
    • Guest101
    • By Guest101 16th Jun 17, 2:51 PM
    • 15,143 Posts
    • 14,757 Thanks
    Guest101
    • #3
    • 16th Jun 17, 2:51 PM
    • #3
    • 16th Jun 17, 2:51 PM
    Help Advice Needed!
    I spilt roughly 8 years from my ex partner. We were never married and have two children together currently 10 and 14. We had a personal agreement when we split that I would pay half the mortgage and a subsequent £225 per month in Child Support Payments equating to £575 per month.

    Approximately 18months ago the mortgage company rang to increase the payments at which time I looked onto the value of the property and mortgage owed. If the property sells for the value indicated based on sales around us would leave us approx. £26000 in equity to be split between us. At the time of this conversation it coincided with me meeting someone new who has subsequently become my fianc!.
    The amount of verbal abuse I received was staggering and the us of my children in said abuse such as " I've told the children you are kicking them out the house" left me no alternative to seek legal advice. Letters were sent, verbal abuse from ex sister, in front my children swearing and aggressive was received. my ex then contacted the csa broke our agreement and subsequently I am paying £722 per month. - Well that's the minimum you should've been paying. and it's CMS not CSA She agreed last August to sell the property and I have worked over the last few months getting ready for a sale only for her to bloke my attempts to finish the last bit. I am now seeking an order of sale.

    Can anyone advise me of my chances of this happening, I understand my children are still there but ex still works and receives state benefits, along with my CS payments and she piles in lots of overtime when children are with me.
    Originally posted by Morgan78


    Have you got £5,000-15,000 ?
    • catshark88
    • By catshark88 16th Jun 17, 2:52 PM
    • 905 Posts
    • 5,346 Thanks
    catshark88
    • #4
    • 16th Jun 17, 2:52 PM
    • #4
    • 16th Jun 17, 2:52 PM
    The CMS are not known for their generous awards. If you've been paying less than their minimum, I can see how bad feeling may have built up.

    Courts recognise that children need stability and this particularly applies to their home. You need legal advice, but I'm sure your childrens' welfare is your primary concern.
    "Have nothing in your houses that you do not know to be useful, or believe to be beautiful." William Morris
    • silvercar
    • By silvercar 16th Jun 17, 4:01 PM
    • 35,891 Posts
    • 151,116 Thanks
    silvercar
    • #5
    • 16th Jun 17, 4:01 PM
    • #5
    • 16th Jun 17, 4:01 PM
    We had a personal agreement when we split that I would pay half the mortgage and a subsequent £225 per month in Child Support Payments equating to £575 per month.
    Now you want to change the agreement and you are surprised your ex is unhappy??
    • emmatthews
    • By emmatthews 16th Jun 17, 5:48 PM
    • 649 Posts
    • 1,259 Thanks
    emmatthews
    • #6
    • 16th Jun 17, 5:48 PM
    • #6
    • 16th Jun 17, 5:48 PM
    How many years have you been underpaying child support for? Considering it has been upped quite significantly, I assume your private arrangement was at a lower rate than would have been awarded by CMS or you have had a large, recent pay rise.

    That aside, it will likely cost you more than your £13000 equity to force the sale (if a court agrees).

    I don't think your ex has done the right thing by involving your children, quite the opposite, but I can understand her being annoyed by the situation.

    What did you agree when you split about when the house would be sold?
    • FBaby
    • By FBaby 16th Jun 17, 5:59 PM
    • 15,814 Posts
    • 39,535 Thanks
    FBaby
    • #7
    • 16th Jun 17, 5:59 PM
    • #7
    • 16th Jun 17, 5:59 PM
    How much does she earn? Could she buy an adequate property on her own in the same area (so kids can still go to school)?

    judges are becoming fairer when it comes to awarding a resident parent to remain in the property until kids are grown up and are now consider individual cases. It's not about the parent but the kids, so it comes down to whether selling the property would have a significant impact on the kids, ie. having to move to a different area, not enough space, having to move at an important time of the year (ie. exams) etc...
    • Avocadotoast
    • By Avocadotoast 16th Jun 17, 10:58 PM
    • 34 Posts
    • 12 Thanks
    Avocadotoast
    • #8
    • 16th Jun 17, 10:58 PM
    • #8
    • 16th Jun 17, 10:58 PM
    A good solicitor should be able to steer you in a very likely direction. As others said, though, getting an order probably veering towards the unlikely.

    A word of warning - you'll spend a hell of a lot of money to get an order and even with one it can be near impossible to get a sale through. If your ex is determined to stay put, and why wouldn't/shouldn't she be, then you'll potentially find yourself out of pocket and no further forward.

    Different situation (no kids, 50/50 ownership) but I was a day away from taking my ex to court to get an order for sale when he agreed to market the house. He then spent a whole year and three months intentionally blocking the sale through keeping the price too high and not accepting offers when they finally did materialise. It was so easy for him to block the sale and so hard for me to make it happen. I know a few people who got an order and the exact same tactics were used.

    This already sounds like a huge nightmare for the kids. I feel for them.
    • patman99
    • By patman99 17th Jun 17, 1:28 PM
    • 8,032 Posts
    • 9,450 Thanks
    patman99
    • #9
    • 17th Jun 17, 1:28 PM
    • #9
    • 17th Jun 17, 1:28 PM
    Hang on a minute, your​ post indicates that the children live with you. Is this the case?.

    If so, then surely she should be paying maintenance to you?.
    Never Knowingly Understood.

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    • itchyfeet123
    • By itchyfeet123 17th Jun 17, 2:07 PM
    • 395 Posts
    • 452 Thanks
    itchyfeet123
    Hang on a minute, your​ post indicates that the children live with you. Is this the case?.
    Originally posted by patman99
    I don't think so.

    I understand my children are still there but ex still works and receives state benefits, along with my CS payments and she piles in lots of overtime when children are with me.
    Originally posted by Morgan78
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