Force sale of family home

princessdreamer

Its the old what do you love more your children or money. I have an ex trying to force us out of our family home, it has been going on for over a year and we are waiting for a final hearing. I'm 90% sure we will win but by doing this he has lost his children for good as they think he is vile.

MandM90

princessdreamer wrote: »

Its the old what do you love more your children or money. I have an ex trying to force us out of our family home, it has been going on for over a year and we are waiting for a final hearing. I'm 90% sure we will win but by doing this he has lost his children for good as they think he is vile.

How do they know what is going on? :eek: Or are they teens already? I'm always surprised when kids are told about these sorts of disagreements.

newcook

While I agree that it’s both the parents responsibility to provide a roof over their childrens heads, I do find it quite unfair that the courts don’t care that the father (usually) could become homeless as they cannot afford somewhere to rent as they are paying for a mortgage as well as maintenance.
Fair enough, they will have the money in a few years time when the kids leave home and the house can be sold but how are they meant to cope or live in the meantime?!

I do think that the courts should take into account the NRP’s living arrangements (or lack of) when deciding if the house should be sold or not.

princessdreamer

MandM90 wrote: »

How do they know what is going on? :eek: Or are they teens already? I'm always surprised when kids are told about these sorts of disagreements.

The oldest is a teen. However they know because he stood on the doorstep last year screaming demanding the money, because his mother stated in front of the children that we should just go into a council house and last but not least the girlfriend screaming down the phone that we would be left with nothing. Needless to say we have change our phone number and banned them from coming anywhere near the house. I swear the police were getting sick of having to come out. Oh yeah they posted it on facebook along with a load of vile abusive stuff including attacking my son on his wall. He may be 15 BUT he is still a child.

FBaby

How much equity is there in the house? Is there enough that she could have a deposit towards a 2 bed property if your children are same sex and can share a room or 3 bed? Would she reasonably be able to go full-time?

I believe more and more judge expect the parent with care to be self-reliant if realistic. When my partner and I separated, I was working full-time and earning an ok salary. I sought advice from a solicitor and was told that even though my children were only 18 months and 3 years then, a judge could very well order the sale of the property on the basis that with my salary, I could have been self-reliant, even though we would have had to seriously downgrade from what was in no way luxury. As it is, it didn't come to this and I was further on told that it would have been unlikely that such an order would have been made due to the age of the children, but not totally impossible. I would have thought that with teenagers, If she could afford to rent something decent, with her current salary or the opportunity to go full-time, a judge could very well expect her to support herself (and the children with maintenance).

MandM90

princessdreamer wrote: »

The oldest is a teen. However they know because he stood on the doorstep last year screaming demanding the money, because his mother stated in front of the children that we should just go into a council house and last but not least the girlfriend screaming down the phone that we would be left with nothing. Needless to say we have change our phone number and banned them from coming anywhere near the house. I swear the police were getting sick of having to come out. Oh yeah they posted it on facebook along with a load of vile abusive stuff including attacking my son on his wall. He may be 15 BUT he is still a child.

Wow, he's really shot himself in the foot there, then...