Can I be forced to sell?

chelseablue

getmore4less wrote: »

Why?
You keep saying you don't like the place anyway.

Just plan to move on and he can wait.

Very true!

If I could be given until the fixed rate is up and we don't have to pay the ERC then I would certainly move

Although it is portable so I think would just need to pay the ERC on the bit I don't port (I think I read that right, will get the T&C's out again)

I meant it would be a shame to be forced out for the sake of 18 grand, not I love the house so much I cant bear to leave :rotfl:

Jox

Sorry you're going through this chelseablue, I'm in a similar situation so I can relate. Can you move into separate bedrooms and live independent lives for now and don't pay for any of his expenses and save up as much as you can and at some point sell the house? Try not to argue with him and just quietly plan for the future.

lisyloo

If you sell then he will have to pay half of the estate agents fee and solicitors bill.

I would be telling him to wait while you save up as the house will take a while to sell right now and he’ll lose money off his £18k anyway as selling costs money.

If he can’t get another mortgage then is there a big rush to get him off?
Usually the pressure would be coming from him if he want to get another mortgage but you’ve said this is not the case.

chelseablue

lisyloo wrote: »

If you sell then he will have to pay half of the estate agents fee and solicitors bill.

I would be telling him to wait while you save up as the house will take a while to sell right now and he’ll lose money off his £18k anyway as selling costs money.

If he can’t get another mortgage then is there a big rush to get him off?
Usually the pressure would be coming from him if he want to get another mortgage but you’ve said this is not the case.

No Im in no rush, he just wants money (don't think he realises how little he's entitled to)

enthusiasticsaver

I would not be doing anything to his timescale. Start unwinding your finances as far as possible re savings/debt/current accounts. Has he moved out? I doubt any court would force you out even should he find the money to take you to court.

I would not take over any car loans as this will affect your ability to maybe borrow the amount you need to take over the mortgage. I know your impulse is to hang on to the house at all costs but in the long run it may not be the best thing. Give yourself time to sort yourself out. I remember in the past his attitude to money was a bit of a problem and different to yours so in the long run this may be for the best. Difficult for now for you though so look after yourself and your son. In the long run the finances will sort themselves out. It is best not to go to court due to costs involved. I suggest you get some legal advice and try and come to an amicable arrangement if possible.

Where has the £18k come from?

enthusiasticsaver

chelseablue wrote: »

I've done an up to date SOA and without him there and his spend-a-lot ways I can afford it on my own


As I wont be paying £207 a month for his car, plus beers and smoking every day, plus his golf club membership, plus his £80 a month mobile phone

To quote Del Boy this time next year I'll be a millionaire (or at least much better off!)

Stop paying for those now regardless of whether you split now or not. Why wait?

getmore4less

Too late went and bought a £14k car on finance in her own name

lisyloo

chelseablue wrote: »

No Im in no rush, he just wants money (don't think he realises how little he's entitled to)

Well tell him you don’t have it immediately due to the money you’ve spent on the house which presumably he knows to be true.

He can have £18k over a period of time or he can have less if the house is sold (after his share of the costs) which may be sooner or could well be longer.

Don’t pay anything until there is a formal financial agreement in place.
You might be able to use mediation if you are on good terms to avoid spending 2 lots of money on expensive lawyers, but you’ll both face some costs.

Did you take a career hit to raise the child and is the child his?

Thrugelmir

Speak to a family law solicitor. The welfare of your son will be the primary concern of the court. They'll act as his guaradian between the warring parents. The property is his home. Sale and remortgaging of the property aren't the immediate issues.

chelseablue

Yes my son is his

I don't think I've taken a career hit, we both work full time I just had the usual maternity leave off

I earn more than him at the moment