Being taken to court by my ex for force sale

GDB2222

Please, can we keep this cool and calm. 

First of all, it may help to reassure Rebecca that she won't end up on the street with her children. The local authority has a duty to house them if they become homeless, although that is obviously a last resort.

Second, Rebecca needs to take her ex's point of view into account. He presumably wants to buy a home for himself, and he can't do that whilst he owns the house that Rebecca lives in and hw has a mortgage on that. Even if he is keen to look after his children, it's a difficult situation for him. At the same time, if Rebecca has money tied up in the house, she is entitled to her share when it is sold. I am very doubtful that it will be possible for her and the children to remain in the house long term, but she really needs legal advice.

This all needs to be sorted out by negotiation. Going at it hammer and tongs in court will simply lead to massive legal bills that benefit nobody. However, she needs legal help for the negotiation.  

Mgman1965

Ex may want it sold as he can't afford the mortgage long term himself (illness, redundancy, pay cut) and if sale refused, will simply default on the mortgage and the OP will be out anyway when repossessed. 

silvercar

Angela_D_3 said:

 He can only force a sale by going to court - as I understand you are unmarried and from what you've said are a joint owner, so he would have to apply for a court order (for info I think he'd be applying under section 14 of the trust of land and appointments of trustees act 1996).

The court has to take account of:

1. the wishes of the owners;

2. the interests of any children resident in the property (although I understand that reported cases don't give this that much weight); and

3. the interests of the bank (as it has security over the house).

The court can:

1. order sale; or

2. give an order that one side or the other gets to live in the house (which could be time restricted - e.g. until the last child reaches 18).

If they go for option 2, the person occupying the house may be required to make payments to the person who is not allowed to live in the house (effectively, rent). 

While this is still going on, the mortgage still has to be paid.

If he is going to be an !!!!!!, you really need to get a solicitor. 

There is also the help to buy loan to consider. Effectively a second charge (mortgage) on the property. The terms of 'help to buy' require that the borrower lives in the property. By breaching this term, the ex is in breach of the loan condition.

pinkshoes

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 😓

Don't be terrified. The court won't just turf you out.

Is the ex the father of the children, or are they yours from a previous relationship?

I would suggest writing to your ex stating that you are happy for the house to be sold, but will need sufficient time to make arrangements. State that as you contributed £X to the deposit of the house, then you are happy for the property to be sold if you receipt £Y upon completion. (£Y being the amount you put in initially plus half of any equity increase since the property was purchased).

Make sure all communication is done in writing, and use a solicitor if necessary. As you can easily prove your contribution, then you will get this back.