Order for Sale, what can I do?

TinaPurna

Yes I do understand these points. I should have mentioned a relevant fact that we have two children together so we will always be linked. It may affect his credit as he has returned to Italy and makes regular trips down to see the kids. Im not living at the property as my father is long term I'll so I moved in to help out. We intend to move back to the house If and when we are able.

It's never a clean break and I am thinking of the children's future in terms of the eventual equity in the house. Perhaps yes it may be better to sell but I'm thinking about the future for my kids also.

I shall offer to buy him out but perhaps it may be best to just give it up.

TinaPurna

Thank you. I do understand these points but we will always be linked as we have two children together, as he lives in Italy permanently with no intention of living in the uk. I shall try and negotiate a buy out otherwise sell out of court.

Thank you

AnotherJoe

If you were living in the house with the children he might not be able to get the court to force a sale until the youngest child is 18. If you moved back in that might look very artificial from the courts POV.

Since you don't live there and since you can seemingly afford to buy him out then seems to me the odds are very high a court will order the sale and those may be costs you will have to bear. Financially you buying him out should work well if you can afford the mortgage since there's negative equity he would have to pay half that and if it's just a remorgage to you then the legal and other costs will be far lower for both of you.

Kynthia

If its not your children's home then I do think he has a good chance of success. Your credit histories are only financially linked through joint mortgages and bank accounts, so he can't seperate himself from you at tge moment. Plus he's still liable for the mortgage, capital gains tax and additional stamp duty should he buy another uk property.

I'm guessing you weren't married as the financial settlement in tge divorce would sort this issue as part of the whole of your marital finances? Perhaps you should get advice from a solicitor.

Guest101

TinaPurna wrote: »

Yes I do understand these points. I should have mentioned a relevant fact that we have two children together so we will always be linked. It may affect his credit as he has returned to Italy and makes regular trips down to see the kids. Im not living at the property as my father is long term I'll so I moved in to help out. We intend to move back to the house If and when we are able.

It's never a clean break and I am thinking of the children's future in terms of the eventual equity in the house. Perhaps yes it may be better to sell but I'm thinking about the future for my kids also.

I shall offer to buy him out but perhaps it may be best to just give it up.

That is not relevant in the slightest.