Martial home with kids involved

Phyzelda

Ok, I have emailed my solicitor but still awaiting a reply, so not after concreate answers

I split with my husband last year when my twins were very young. Due to my ill health and having the kids, I opted to move back in with my parents.

I've recently discovered my ex hasn't been paying the mortgage and I'm in talks with the lenders, however I'm unsure of the best option, and was wondering if anyone could help:

1 - sell the house - fight over the money involved, have to live off my money and therefore no deposit for a property for me and my kids

2 - kick him out the house - as the kids are so young and find out the legal side of taking over the house - partly as I have the kids and partly because the marriage breakdown is 100% his fault - would I be able to do this?

I can't keep living with my parents

Tabbytabitha

What income are you living on at present?

TonyMMM

Fault has nothing to do with any settlement.

elsien

You can't kick him out -fault doesn't come into it. You can move back in but you can't make him leave.
How long have you been married? You're likely going to need to do the full financial assessment (property, savings, pensions etc) of both your assets then decide what is a fair split. Can you afford to buy him out? If your name is on the mortgage and he's not paying it, you're equally liable for it.
Have you looked at mediation?

Phyzelda

No fault doesn't but children do! And he's being a p....

Savvy_Sue

Bottom line is, could you afford to pay the mortgage by yourself, or not? Because it seems to me that if he's not paying the mortgage now, he's not likely to do so if he's not even living there.

If you can't, then what elsien says is almost certainly your only option.

peachyprice

Phyzelda wrote: »

2 - kick him out the house - as the kids are so young and find out the legal side of taking over the house - partly as I have the kids and partly because the marriage breakdown is 100% his fault - would I be able to do this?

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Short answer, no.

It's still jointly his house, he's just as entitled to live there with the children as you are. So you and the children can move back in but he can stay.

Do you earn enough money to buy him out and take over the mortgage?

BrassicWoman

Joint mortgage?

If the mortgage isn't paid, your credit rating is already shot. I'd sit back and let the bank repossess in a few months time.

Phyzelda

I can't and won't let that happen brassicwoman as I would loose my job and career. I'm in talks with the lender. And well aware what could happen!!! Not what my post was about!

thorsoak

Is the house in joint names?

BrassicWoman

Phyzelda wrote: »

I can't and won't let that happen brassicwoman as I would loose my job and career. I'm in talks with the lender. And well aware what could happen!!! Not what my post was about!

Hey, no need to get angry with me; I've no idea what your job is. And genuinely, it's what I would do. I'd have enough on my plate with kids and illness to try and fix joint problems alone.