Have to sell my house

blackberry2000

I,ve just lost my job and my wife has also decided to take an injuction against me, which means I cant live in my own house.
We,ve also got two children, aged 10 and 13 who are living with her, she doesnt work, is heavily in debt and is claiming benefits, even though I've continued to pay the mortgage and all the bills as well for the house.
Shes now hit me with child maintenance, which when I had a job, left me with £4 a week as they didnt contact me at all beforehand to see what my outgoings are, and when I rang the Child maintenance people they didnt want to know.
I've been staring at my sleeping tablets, and only came to my senses when I was writing letters for my children for when I was gone.

What are my options with the house, I'm very unlikely to get a job that paid as well as my last one, and I really need to stop paying either the mortgage, which is in my name only or the Child maintenance, and thats if I do get a job that pays enough for me to also pay for me to live somewhere.

I've got no money for a solicitor, and from what I've read I cant sell the house as my children live in it but its going to end up being reposessed anyway, so has anyone else come across this situation before, theres also no equity in the house and I'm only paying the interest payments as well, for the last 12 years due to having to take out loans to pay off my wifes debts, and would not qualify to take over the house and mortgage payments.

anonmum

Hi,
As the title states I can't offer much advice, sorry, but I couldn't read your post and not reply.
I want you to know you are not alone, this time of the night/early hours can be the bleakest and loneliest of times, and no time to make any life changing decisions.
It sounds as though you are in a very difficult place both financially and mentally, despite being a complete stranger to you, I am so very glad you thought of your children and the terrible effects losing a parent to suicide could have had. There is always a better way.
I am sure the morning will bring far better advice from other members - I could perhaps suggest you make an appointment with the C.A.B to discuss debts, the DHSS to discuss any benefits you can claim to tide you over until you find another job and if you need to talk to someone perhaps a call to the Samaritans?
I'm sorry I can't be more help, please be gentle with yourself, this time will pass.
Hugs
helen

kingfisherblue

First of all, you may still be able to sell the house even though the children live in it. Your wife may have to move herself and the kids into rented accommodation. Secondly, if and when the house is sold, it is classed as belonging to both of you, as you are married. Thirdly, you do not have to pay her bills - let her pay her own.

You really need legal advice, so if you are still paying for house insurnace, have a look on your policy to see if you have legal cover. You might not be covered, but it's definitely worth checking. You can also move back into the property, and although it is likely to be very uncomfortable, you won't have extra rent to pay (but of course, you then have problems with the bills and also proving that you are no longer living together as man and wife).

Have a look at Wikivorce. I haven't used it myself, but have seen several posters recommend it.

Good luck x

TBagpuss

The house can be sold. Courts have to look at what it is possible, and while *ideally* they ensure that there is a stable home for any children, that won't always be possibility.

The CMS (CSA) look at your income only, not your outgoings. They should re-calculate your payments if your circumstances have changed.

In relation to the bills, you can contact the utility companies, get a final bill sent out, and they will then contact your ex to arrange new accounts in her name. (unless the terms of the injunction includes a requirement for you to pay bills)

It may also be worth you contacting your mortgage lender to see whether they would consider a payment holiday.

Caroline_a

Sounds like your wife is taking you for a big old ride! Stop paying household bills now, get final bills for them and tell your wife that you need to sell the house as you can't afford the mortgage any more. If she kicks off, tell her that she's well within her rights to continue to pay the mortgage herself!

You should contact the CMS for a re-assessment of your maintenance amounts as soon as possible too. If you are out of work it should reduce to under £10 a week.

Good luck and get yourself over to Wikivorce to get some advice if you can't immediately afford a lawyer!

enjoyyourshoes

see if you can go onto interest only for the timbering, it will ave you paying off the capital and thus larger equity to split.