My ex is trying to force me to sell

TBagpuss

Pollycat wrote: »

Pixie is correct here.
My friend was in a similar situation.
Ex had left her, she was paying the full mortgage on her own.
The lender refused to take his name off the mortgage.

And she was forced to put the house up for sale, even though her children were of school age.
I believe she had a rubbish solicitor, possibly because she was on legal aid.

If they were not married, then the court has very limited power *not* to order a sale. The fact that there are children doesn't generally come in to it. It's one of the reasons why it is sensible to have a proper declaration of trust and cohabitation agreement if you chose not to marry.

OP, your ex can't throw you out. You are both entitled to be in the house, unless a court makes an order requiring one of you leave. It might be open to you to get an occupation order to prevent him from moving back in, if there is a history of violence or abuse, or to apply for an order to force him to leave if he does return, and is threatening or violent to you.

However, if you cannot get his name off the mortgage then yes, he can force you to sell and, in the absence of any other agreement, you would each be entitled to 50% of the net equity.

davidwood681

Blar wrote: »

I have always paid the morgage and bills as my ex couldnt be trusted with money. Hes moved out and back in so many times due to cheating ive lost count. Now ive called time and refused to have him back hes tried to force me to sell. We have 2 children together and they live with me. He finally agreed i could take his name off the morgage but only if im not aloud to sell the house untill our small children are 18. Then they would get half of the proceeds. Can he do this ? Can he force me to sell when ive always paid the morgage. Hes trying to control me and ive had enough. I cant afford to sell or remorgage as hes left me clearing up debt

To be fair, this solution has no financial benefit to him and shows he really cares about his children. Says quite a bit

Blar

When we bought the property we both put in the deposit. He then spent half the deposit behind my back . I took out a loan in my name to cover the amount which im still paying back now. The debt im in is because he stole from me and harrassed me for money because dealers were after him for money. I understand why he should want his name off the morgage or wants me to sell . But its not for sensible reasons anyone else would. Hes told me its because he wants me to feel as low as he does because hes living with his dad. Ive worked damn hard to pay everything on my own and im gutted he can now ruin it and make it all for nothing

Blar

Just my name as he couldnt get credit

FBaby

He finally agreed i could take his name off the morgage but only if im not aloud to sell the house untill our small children are 18. Then they would get half of the proceeds. Can he do this ?

This is clearly a controlling suggestion but is it so bad? After all, it would mean you get the house for yourself until your kids are 18 and then they get half of equity build up for the time he was there, and you get the rest, maybe then able to buy something smaller. Surely it's better than what he would most likely be entitled to which is to force the sale when your youngest turn 18 and give HIM that sum of money rather than to your children.

Saying that, you say you can't remortgage? If so, that's going to be an issue. You won't be able to have him remove his name from the mortgage without having to remortgage under your name only. If you can't get a mortgage (even if you can afford it), then that's not an option anyway?

pinkshoes

Your ex sounds like a ****.

Personally I would just sell and get away from him. Choose freedom over money.

19lottie82

You can!!!8217;t just take someone!!!8217;s name off a mortgage. The other party must get a new single applicant mortgage, passing affordability checks with the lender.

As you!!!8217;ve said your credit rating has been trashed, this is unlikely to be an option.

es5595

Blar wrote: »

.. untill our small children are 18. Then they would get half of the proceeds.

Blar, just checking that he's saying the children would get 'his' portion of the equity? Or is this is a spelling mistake and it should say 'he' not 'they'?

I'd seriously consider getting advice from women's aid if he's been abusive or threatening, and consider getting a court order if he's trying to force himself back in. If he has a drug problem, is abusive to you, etc, do you really want your children seeing this and considering it normal/acceptable?

Blar

Im aware i cant just take his name off i am waiting for the bank to give me an appointment to do an affordability check. I have bern told they may look at me under speacial circumstances. I have been informed to try mediation with him so that will be my next step i think

Blar

He has said he wants the equity to go to the children. I have considered an occupation order but it will be my last resort. Im trying very hard to leep things amicable whilst i need time to go through things with the bank. I know things will turn very nasty if i go for a restraining order which is included in the occupation order