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Being taken to court by my ex for force sale
Rebecca2501
Posts: 6 Forumite
My children and I live in a property that was my ex partner and I’s family home.
Thousands of my health insurance payout I received upon diagnosis of suffering with MS was used to enable the purchase of the house. He didn’t put me on the deeds or anything. My ex left nearly two years ago and is now taking me to court to force the sale of said property because help to buy was used and it has to be his main place of residence.
I am unable to work as a result of MS and I have nowhere for our children and I to go.
I am terrified 😓
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Comments
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have you engaged a solicitor to fight your case, if there are children involved he cannot force you out, you clearly have a beneficial interest as you helped with the purchase.
Assuming your not married:
https://england.shelter.org.uk/legal/relationship_breakdown/cohabiting_couples_sole_owner/beneficial_interest_and_occupation_rights_for_non-owning_cohabitant
"It is prudent when shopping for something important, not to limit yourself to Pound land/Estate Agents"
G_M/ Bowlhead99 RIP3 -
Are you married?2
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He would have to tell the court where the money to buy came from?Rebecca2501 said:My children and I live in a property that was my ex partner and I’s family home.Thousands of my health insurance payout I received upon diagnosis of suffering with MS was used to enable the purchase of the house. He didn’t put me on the deeds or anything. My ex left nearly two years ago and is now taking me to court to force the sale of said property because help to buy was used and it has to be his main place of residence.I am unable to work as a result of MS and I have nowhere for our children and I to go.I am terrified 😓0 -
Take a very deep breath and try and relax. Courts and Judges are not monsters, they do not turf kids out of their home and hand all the money to their “ex”.
First thing to do is book an appointment with a solicitor. Hopefully you can get state aid ? Take proof that of monies you paid into the property.
Its going to be a long process so you have plenty of time to gather your thoughts and plan for the future but a solicitor with all the facts in front of them is going to be able to advise far better than anyone here.3 -
It sounds like there's not going to be a lot of equity in the property, so the ex isn't exactly going to get handed "all the money".
A property that neither can really afford needs to be sold sooner or later.3 -
If you were not married, you don’t have rights to maintenance from your ex. He does, however, have an obligation to his children. As others have said, see a solicitor.No reliance should be placed on the above! Absolutely none, do you hear?2
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It might help if you can take evidence of any state benefits you are receiving, such as Income Support, Housing Benefit, Child Tax Credit, Universal Credit, Personal Independence Payments, or Council Tax Support.rik111 said:Take a very deep breath and try and relax. Courts and Judges are not monsters, they do not turf kids out of their home and hand all the money to their “ex”.
First thing to do is book an appointment with a solicitor. Hopefully you can get state aid ? Take proof that of monies you paid into the property.
Its going to be a long process so you have plenty of time to gather your thoughts and plan for the future but a solicitor with all the facts in front of them is going to be able to advise far better than anyone here.The comments I post are my personal opinion. While I try to check everything is correct before posting, I can and do make mistakes, so always try to check official information sources before relying on my posts.0 -
Ex-partner or ex-husband. It makes a big difference0
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Are they his children.We don't stop playing because we grow old; We grow old because we stop playing.1
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Previous threads would suggest they are not married but he is the father of the children.
OP, did you do anything following the advice given last year to talk to a mortgage broker? Please stay around this time, we don't bite (well, most of us don't!) and I'm sure we can give you some useful advice.:heartpuls Mrs Marleyboy :heartpuls
MSE: many of the benefits of a helpful family, without disadvantages like having to compete for the tv remote
Proud Parents to an Aut-some son 4
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