Force sale of family home

Gigglepig

I agree with the other posters you need legal advice.

If your wife gets to stay in the house until the youngest turns 18, and you then split the property 50-50, it doesn't mean that you will get nothing. And, your children will be happy and secure.

Your wife may need to work more to pay outgoings.
If you need money instantly, can you get a job?

Mojisola

oversteer wrote: »

I've been working on a project for almost two years but it's not quite completed and isn't revenue generating at present.

What has the family been living on if you've been two years without an income?

Have you thought about trying to claim benefits to tide you over?

fluffnutter

oversteer wrote: »

The children are 13 & 16 yrs. My wife works 3 days a week, but is not in a position to buy me out amicably. Would the children be as happy and secure somewhere else? probably not, but does that mean that my wife should get everything and me nothing? That would be a bit one sided.

It seems that it's not all about the wife and children. The courts will take into account my situation as well. If my wife didn't want a lower standard of accomodation she shouldn't have broken up the relationship in the first place.

I doubt this will overly concern the courts. Try to remember it's not about your 'wife getting everything'; it's about the welfare of your kids. They will be the court's priority and if that means you seem to have been treated less fairly then so be it, I'm afraid.

Get some legal advice and see where you are with that.

BitterAndTwisted

You can't just decide to separate and then separate your joint financial responsibilities when you have dependent children who need to be adequately housed. I can't see any court agreeing to force a sale while there are children who need a roof over their heads. Until your children are independent the only recourse you have is to come to an amicable arrangement with your wife no matter what your own perceived needs are.

How do you propose that your wife could be able to adequately house and support two children on part-time work with no financial assistance from you?

M00se_2

Im in the same sort of situation and can tell you (as others have) that no court will agree to a forced sale of the house whilst the kids are minors. Basically the kids needs come first (quite rightly). Go see a solicitor but im pretty sure the best you will get is the sale of the house when youngest turns 16 or leaves full time education. You also need to pay her maintainance for the kids.

Hadenoff

The CSA have forced my 15 year old and I out of our house via an order for sale, that ISN'T for our debt, but my now ex-partners who I foolishly added to my mortgage 4 years ago. My child and I will be homeless soon and have been told we may have to go into a hostel to start with. The justice system and the CSA are corrupt, they have ruined our lives when we are the innocent parties who owe nothing to the CSA. I hate them for this.

alleycat`

BitterAndTwisted wrote: »

You can't just decide to separate and then separate your joint financial responsibilities when you have dependent children who need to be adequately housed. I can't see any court agreeing to force a sale while there are children who need a roof over their heads. Until your children are independent the only recourse you have is to come to an amicable arrangement with your wife no matter what your own perceived needs are.

How do you propose that your wife could be able to adequately house and support two children on part-time work with no financial assistance from you?

I believe the OP is saying the wife has chosen to separate and not vice versa (and remarking how it is unfair that he has to suffer financially with regards to housing).

My understanding is that the primary career of the children tends to get preferential treatment with regards to the home until the last one reaches 18 years of age (fair or not).

At that point a forced sale will normally occur or the Resident partner would have to buy the other person out.


OP:

How assets are to be split , well you'll need proper legal advice for that.

The best approach is usually to sit down and try and workout how to split the assets with as little animosity about it as possible. It is unlikely a court would agree to force the kids to move (although not unheard of).

So i wouldn't pin your hopes on a forced sale.

TheConways

Look at it this way: your wife leaves you (and, I assume with some sort of reason after 18years - you haven't mentioned what led to this, so forgive me for thinking that you're not 100% blameless). You have two teenage children whose welfare is the primary concern.

You want to force the sale of a house and split the proceeds 50-50 - where do your children live? It is quite unlikely that you could buy two houses for the cost of one, so you might end up with 2 x 1 bed flats for the same money - where do the children live then?

If you've been the primary income generator for the house, do you not have savings between you? You say you've been working on a project for two years, but it doesn't generate income - what money do you use to live off?

It seems to me that the elephant in the room is your statement that "you've got nothing" - how have you been supporting your family if you cannot support yourself?

Hadenoff

I agree that no-one should make children homeless, especially their parents. You have a choice. I did not, you can bet if the CSA want your home they will get it, even if the debt isn't yours, and even if children under 18, even babies, are living in it. They do not care about us or our children. Many people are under the impression that the courts will not make children homeless, but they do, we are just numbers to them, they really don't care - I know - I am there. Don't make your children homeless as mine has been made so. And whatever you do, don't get the CSA involved because they make life hell for everyone including the children. Please think carefully.

Hadenoff

Are you also aware how difficult is now is to get council housing due to high demand. You do not automatically get placed in a nice little council house just because you have children. I have been told that my child and I may have to go into a hostel or a 'starter home (bedsit)' and wait until (if) anything more suitable becomes available. Privately rented properties are also now less easy to get. Most agents perform credit checks and don't accept tennants wanting to claim housing benefit or those with pets. It is no longer cheap or easy to rehome yourself, your loved ones and your belongings.