Selling with an ex & kids

FBaby

When you moved out I am afraid that No court in the land would evict your EX and your 2 young children. It still applies even now till the youngest is 18/19.

That's not correct at all. It was when there was an assumption that the mother had given up work to raise the children and would never be in a position to afford a property that would mean that the children didn't suffer from the break-up. Nowadays, judge are starting to look at the wider picture.

One of our neighbour has just moved out. Her husband cheated on her and she told him to take a hike when she found out. He moved out and continued to pay the mortgage (huge sense of guilt). The kids were 5 and 6 at the time. 6 years later, he asked that the house be sold. She refused. He went to court and got his order. The basis for it to be granted was that the equity was significant and as she now works FT, she could afford to buy another property with a good deposit, and even though it would mean downsizing and probably moving to a not so nice area, she could do so without disturbing the kid's education as they could continue to attend the same school. Added to this was his plea that he had a new family to support, his girlfriend doesn't work, and as it stood, he couldn't afford to get another mortgage.

OP, it is not impossible that you could get a judge to order the sale of the house, but it very much depends on the circumstances. Could your ex afford to buy another property if so?

theartfullodger

JudgeNutmeg77 wrote: »

...........However in the last month she has decided that she now wants me to start paying child maintenance too - .....

You've not had the decency to support your kids by paying child maintenance Sir? For all those years?

Shame on you. Suggest you start today paying fair amount of monthly child maintenance promptly and a large lump sum for the years when you failed to step up to what many would see as fundamental British values.

Your ex through paying mortgage etc has a valid claim on part of the value of the property.

Decency, fair play:. Perhaps worth thinking about

Ex may be viewing this, and learning more about you.....

NYM

I think you might be best checking out Wikivorce - Legal Issues.

AdrianC

theartfullodger wrote: »

You've not had the decency to support your kids by paying child maintenance Sir? For all those years?

Well, apart from paying the mortgage and joint debts...

TBH, I think if I were in the OP's position, I'd be bringing the CMS into it myself. Get a formal agreement in place. I strongly suspect it's likely to come out less than the current payments, and certainly less than the ex's new request for maintenance on top of the mortgage.

In the event it turns out to be more, then - well, hey-ho - that's the fair figure for supporting your children...

bmthmark

theartfullodger wrote: »

You've not had the decency to support your kids by paying child maintenance Sir? For all those years?

Shame on you. Suggest you start today paying fair amount of monthly child maintenance promptly and a large lump sum for the years when you failed to step up to what many would see as fundamental British values.

Your ex through paying mortgage etc has a valid claim on part of the value of the property.

Decency, fair play:. Perhaps worth thinking about

Ex may be viewing this, and learning more about you.....

To be fair to the guy he has paid for the roof over their heads and joint debts. I have a feeling that would be more than child maintenance.
He has also offered for her to keep all profits from the sale.

I presume after sale of property the OP would start to pay child maintenance.

Guest101

Ofcourse you could suggest moving back in as you cant afford to sustain two homes.....