Force of sale

Primrose

I have no experience of these matters butif it comes to court I think you should call his bluff andnot be prepared to lie down and accept the inevitable. I would try and get some more helpful advice from another so,icitor.

I would also Google "representing yourself in court" and see whether that looks like a viable option. I would also start preparing records showing the the amount you have contributed towards the mortgage since you split and roughly how much you have paid towards the upbringing of your children since that date. It,s all very well for him to try and claim a share of the equity but a court should adjudicate what is fair and if you have financial records this will help a fairer decision to be made.

Red-Squirrel_2

If I were you I'd look back at sold prices for 2001 of similar houses in the area to get an idea of the value at that time and make him an offer for half the equity as it would have been if you'd sold then. Make it clear that if he doesn't accept this you are happy to go to court.

chesky

Red-Squirrel wrote: »

If I were you I'd look back at sold prices for 2001 of similar houses in the area to get an idea of the value at that time and make him an offer for half the equity as it would have been if you'd sold then. Make it clear that if he doesn't accept this you are happy to go to court.

Yes, but I'd also take into account child support for the sixteen years he didn't pay it.

AylesburyDuck

Tot up all the missed child maintenance and mortgage payments and call his bluff, if it goes to court presumably (to my thinking, which may NOT be correct) these will be taken into account.

Red-Squirrel_2

chesky wrote: »

Yes, but I'd also take into account child support for the sixteen years he didn't pay it.

Morally, yes, but how is she going to even begin to prove what he was earning all that time? I suppose she could take into account the bare minimum that people on JSA are supposed to pay, is it £5 a week?

AylesburyDuck

Red-Squirrel wrote: »

Morally, yes, but how is she going to even begin to prove what he was earning all that time? I suppose she could take into account the bare minimum that people on JSA are supposed to pay, is it £5 a week?

If it's taken to court then surely it would work the other way round, the onus would then be on him to prove that he DIDNT earn that amount!
Edit, sorry, i see that no amount is now quoted, but if she did i think the above would aply.

jamiehelsinki

As others have said he's probably owed something from the house but I would be making a counter claim for missed child support and mortgage contributions from him.

gettingtheresometime

Was anything agreed at the time of the split or did he just vanish into the night?

MaggieD

Thank you for all your responses.

He didn't 'vanish in the night'! He continued to see (and still does) his children twice weekly.

He agreed to accept half of the value of the house in 2001 at mediation. He has since re-married (8 years ago now) and his wife wants to move to Southwold. Her children don't want to move, my children are upset to lose their family home, all in all, it's upset everyone.

I am more annoyed that I wasted £100 on a solicitor who was basically useless. I've just asked on 'The Law Forum' and they've advised:

So in your case you can argue that the court shoud infer that your ex partner gave up all his rights in the property by his conduct.

a) you separated.

b) he made no contributions to either the mortgage or upkeep of the house.

c) by failing to pay maintenance he tried to distance himself - not only from his legal obligations but from you and the children.

d) it would be unconscionable for a court to grant him any share given his conduct. (this is an argument in what is called the law of equity - but not the same type as house equity!)

How will I know, without spending another £100 - that another soliditor won't be equally as unhelpful?!

Red-Squirrel_2

You could ask for recommendations from family and friends perhaps? Or maybe ask on that law forum if they have suggestions?