Dealing with house after separation - Court

ALS99

Hello. I am currently attempting to go through the Court to sell a property that my ex and I jointly own. I am hoping to get some advice by anyone who is "in the know" or maybe anyone who has had a similar experience and can give me some pointers. I am not entitled to legal aid and absolutely cannot add anymore to my solicitor's bill after a number of family Court cases already.

I know it's long but please do me a favour and read it for me if you think you may have some advice to help me. I'll try and be as brief as possible will all the information:

-Ex and I purchased & lived in jointly owned property with the children.

-We separated and ex moved out, agreeing (verbally) we'd sell it and I would live there in the meantime until it sold.

-Valuations showed property in negative equity.

-Ex then refused to discuss the property after that date, for 2 years ex ignored my communications, requests to sell or rent it out, ex ignored 6 solicitors letters and declined a request to attend mediation. Basically he dumped me with it.

-I was desperate, couldn't sell without ex's consent, I was stuck paying a large mortgage I couldn't afford. (my career is one that it is not acceptable for me to have unmanageable debt or a CCJ)

-I had no choice but to move out as I was expecting another child (new partner - 2 years later) & property too small (and expensive) ex was aware it would be empty and mortgage unpaid if we didn't sell, no response.

-Property empty for 1 year ex still ignored all communication about it. I had valuation done and no longer negative equity - now worth 30k over what's left on mortgage.

-Ex is made aware now worth 30k, I thought we would agree to sell but instead ex moved back in there suddenly with no warning after nearly 3 years of no contact!

-I am renting with my new partner, I have to sell the property as we want to purchase a property together. Ex refuses as wants to live there, ex is and always has been financially controlling and I just want to be free. I am currently paying off debt (in my sole name so my responsibility) from whilst we were together.

- I applied for an order of sale under Tolata. Ex attended the first hearing and got a real telling off by the Judge for not filing and serving a statement and evidence as requested and for not taking this seriously. Ex had nothing to say except "I want to live there" Judge asked ex to look into buying me out and then ex announced having recently inherited another property (in a nearby town).

-Ex lied to the Court and said they were paying all fees related to the property but ex has broken the terms of the lease by not paying compulsory fees since he moved in, ex is running up a debt that is in both our names (as joint owners) and the leaseholders are now taking legal action against us both. I can't afford to pay it off as I have to pay for my own home where we live and I paid it myself when I lived there alone, ex should pay it whilst living there.

-Ex is paying the mortgage each month but it is interest only and has underpaid each month so it has been in arrears since ex moved in last year.

- We have two young children and we have shared residency. They live with each of us 50% of the time. Ex has used this as the main argument to not sell the property. Ex works and earns a decent wage, local rents are on par with the mortgage.

- Ex was given 4 weeks to file a full statement and evidence. That date was a month ago but hasn't sent anything to the Court (I called them and checked) and ex hasn't served me. Ex was ordered to do so by a Court Order made by the Judge at the last hearing. Ex said at Court that they would apply under the Children's Act to stop me selling as it is the children's home.

Phew, that's pretty much it.

We are back at Court in a few weeks for a whole day final hearing and I have no idea of my chances of winning. Does anyone know about the Children's Act and how likely ex's argument will be to succeed?

My argument is yes the children will have to move home but they can move into a similar property that ex can rent. I am then financially free. Ex running up debts in my name relating to the property and breaking the terms of the lease is just being horrible to me, this creates financial instability for me and therefore threatens my job and the children's home with me which they live in 50% of the time. It also means ex owns (jointly with me) that property and another one which ex recently inherited but I am prevented from owning a property I can live in because ex will not agree to sell.

Does the Children's Act prevent children having to move home or just to prevent them being homeless - as surely ex can't claim they will be homeless (as ex has said to the Court) when owning another property nearby and working- so can afford to rent privately and they have another home here with me.

Sorry it's long - any help would be greatly appreciated...

ALS99

Any advice appreciated

neneromanova

how come your ex isn't living in the inherited property?

DS4215

Were/are you married to your ex?

ALS99

neneromanova wrote: »

how come your ex isn't living in the inherited property?

It's hard to say. I had no idea ex had inherited a property until it was casually mentioned in Court last month. I know a family member of ex's passed away a couple of years ago and that ex would have probably inherited their home, but it may be as a joint owner with ex's sister, she has her own home though and lives elsewhere so doesn't need it to live in, chances are it is empty. its about a 30 min drive from the children's school so reasonable distance.

If the other property ex owns is empty then surely ex cannot claim "homelessness" if our jointly owned property is sold as a defense to why it shouldn't be sold? Ex will get plenty of money from the sale to renovate it if necessary.

I don't think ex meant to let slip about the inherited property, it wasn't mentioned til the very end (in front of the Judge though) and has never been put in writing or mentioned to me before.

ALS99

DS4215 wrote: »

Were/are you married to your ex?

Hi, no, no married just cohabiting. Thank God!

RAS

ALS99 wrote: »

Hi, no, no married just cohabiting. Thank God!

Pity, this would have been so much easier to deal with as the financial settlement and clean break during divorce proceedings.

Despite this you might want to go over to the wikidivorce web-site and aks for help there.

Make sure you explain that you will be a Litigant in Person.

FBaby

I know when I separated from my ex, and that goes back quite some time, I was told that as I would be able to get a mortgage for a property big enough to house my kids (then 1 and 4) even if it meant moving to a not so pleasant neighbourhood, a judge could very well ordered the sale of the house. In the end, I was able to buy him out.

If I were you, I would try in anyway I could to gather evidence that he would be able to buy another property suitable for the need of the children and that therefore, the children would not be penalised. I would also gather all the evidence about how his lack of financial commitment could put yourself at risk professionally as you could lose your job by his not paying the mortgage and still being linked to it.

ALS99

Thanks RAS and FBaby.

FBaby - Do you mind if I ask if you made an application under the children's Act to stop the sale? I know ex can afford to rent (not buy as his credit rating is awful and he has lots of other unmanaged debts that he isn't paying) in the localish area. He could also live in the property he has inherited.

Your post has given me some hope!