Forced house sale help!

ReadySteadyPop

housebuyer143 said:

As others have said, speak to a solicitor. It's a catch 22 at the council, because they won't prioritize you for housing until you are facing homelessness, but you won't be facing homelessness until you have a buyer for the house. 
Until you get the ball rolling on the sale they will probably see you as adequately housed. 

I was thinking about how the shares work if guys daughter needs the house. It's not uncommon in married couples that split that the parent with the responsibility for the kids gets to stay in the house until the kids are grown. A solicitor could advise, but rest assured he can't sell it from under you as you need to sign to agree.

So don`t sign and just stay there, ignore all communication about selling? Could other share holders move in though?

LightFlare

ReadySteadyPop said:

housebuyer143 said:

As others have said, speak to a solicitor. It's a catch 22 at the council, because they won't prioritize you for housing until you are facing homelessness, but you won't be facing homelessness until you have a buyer for the house. 
Until you get the ball rolling on the sale they will probably see you as adequately housed. 

I was thinking about how the shares work if guys daughter needs the house. It's not uncommon in married couples that split that the parent with the responsibility for the kids gets to stay in the house until the kids are grown. A solicitor could advise, but rest assured he can't sell it from under you as you need to sign to agree.

So don`t sign and just stay there, ignore all communication about selling? Could other share holders move in though?

if they wanted to, they could. 

Nothing legal to stop them doing so

ian1246

housebuyer143 said:

As others have said, speak to a solicitor. It's a catch 22 at the council, because they won't prioritize you for housing until you are facing homelessness, but you won't be facing homelessness until you have a buyer for the house. 
Until you get the ball rolling on the sale they will probably see you as adequately housed. 

I was thinking about how the shares work if guys daughter needs the house. It's not uncommon in married couples that split that the parent with the responsibility for the kids gets to stay in the house until the kids are grown. A solicitor could advise, but rest assured he can't sell it from under you as you need to sign to agree.

Your right, he couldn't. But it sounds like he already knows that given he has threatened the OP with having to pay his legal bills to go to court - which is exactly the process needed to force a sale, and if a judge sides with her ex, which he/she may well, given the OP has 35% value of the mortgage-free home - so potentially £100,000+ capital available when the house sells, meaning she has other options for housing beyond just remaining in the property and preventing her ex / his parents from getting their share - then the OP could find the ex's legal costs are awarded against her.

The OP also needs to consider that as she now has sole use of the property, her ex and his parents could be well within their rights to also commence legal proceedings for occupational rent, which could further eat into her share of the property - though I suspect this would be easier to argue against due to the presence of the child.

Occupational Rent: What is it and when should it be considered when separating? - Ellisons Solicitors

ReadySteadyPop

LightFlare said:

ReadySteadyPop said:

housebuyer143 said:

As others have said, speak to a solicitor. It's a catch 22 at the council, because they won't prioritize you for housing until you are facing homelessness, but you won't be facing homelessness until you have a buyer for the house. 
Until you get the ball rolling on the sale they will probably see you as adequately housed. 

I was thinking about how the shares work if guys daughter needs the house. It's not uncommon in married couples that split that the parent with the responsibility for the kids gets to stay in the house until the kids are grown. A solicitor could advise, but rest assured he can't sell it from under you as you need to sign to agree.

So don`t sign and just stay there, ignore all communication about selling? Could other share holders move in though?

if they wanted to, they could. 

Nothing legal to stop them doing so

Doesn`t the fact that there are children in the house mean that the mother has a say over what other adults can be there?

ReadySteadyPop

ian1246 said:

housebuyer143 said:

As others have said, speak to a solicitor. It's a catch 22 at the council, because they won't prioritize you for housing until you are facing homelessness, but you won't be facing homelessness until you have a buyer for the house. 
Until you get the ball rolling on the sale they will probably see you as adequately housed. 

I was thinking about how the shares work if guys daughter needs the house. It's not uncommon in married couples that split that the parent with the responsibility for the kids gets to stay in the house until the kids are grown. A solicitor could advise, but rest assured he can't sell it from under you as you need to sign to agree.

Your right, he couldn't. But it sounds like he already knows that given he has threatened the OP with having to pay his legal bills to go to court - which is exactly the process needed to force a sale, and if a judge sides with her ex, which he/she may well, given the OP has 35% value of the mortgage-free home - so potentially £100,000+ capital available when the house sells, meaning she has other options for housing beyond just remaining in the property and preventing her ex / his parents from getting their share - then the OP could find the ex's legal costs are awarded against her.

The OP also needs to consider that as she now has sole use of the property, her ex and his parents could be well within their rights to also commence legal proceedings for occupational rent, which could further eat into her share of the property - though I suspect this would be easier to argue against due to the presence of the child.

Occupational Rent: What is it and when should it be considered when separating? - Ellisons Solicitors

Houses can take years to sell now, surely a judge would only consider actual not potential capital when the needs of a disabled child are involved? What happens if the house sale doesn`t generate the expected amount of capital for example?

Mildreds_Earrings

You may be entitled to social housing. You would have to accept the property, then ask the Local Authority Occupational Therapist to carry out an assessment and they would instruct the Council or Housing Association to carry out the necessary adaptations. 

This is a much quicker route than waiting for a social housing property that already has the adaptations that you require. 

Regarding the forced house sale, as others have said, you need to see a Solicitor. 

ChirpyChicken

Given the equity you could buy two houses in order and money to spare for adaptions
Happy days....m

newsgroupmonkey_

ReadySteadyPop said:

ian1246 said:

housebuyer143 said:

As others have said, speak to a solicitor. It's a catch 22 at the council, because they won't prioritize you for housing until you are facing homelessness, but you won't be facing homelessness until you have a buyer for the house. 
Until you get the ball rolling on the sale they will probably see you as adequately housed. 

I was thinking about how the shares work if guys daughter needs the house. It's not uncommon in married couples that split that the parent with the responsibility for the kids gets to stay in the house until the kids are grown. A solicitor could advise, but rest assured he can't sell it from under you as you need to sign to agree.

Your right, he couldn't. But it sounds like he already knows that given he has threatened the OP with having to pay his legal bills to go to court - which is exactly the process needed to force a sale, and if a judge sides with her ex, which he/she may well, given the OP has 35% value of the mortgage-free home - so potentially £100,000+ capital available when the house sells, meaning she has other options for housing beyond just remaining in the property and preventing her ex / his parents from getting their share - then the OP could find the ex's legal costs are awarded against her.

The OP also needs to consider that as she now has sole use of the property, her ex and his parents could be well within their rights to also commence legal proceedings for occupational rent, which could further eat into her share of the property - though I suspect this would be easier to argue against due to the presence of the child.

Occupational Rent: What is it and when should it be considered when separating? - Ellisons Solicitors

Houses can take years to sell now, surely a judge would only consider actual not potential capital when the needs of a disabled child are involved? What happens if the house sale doesn`t generate the expected amount of capital for example?

Show me examples of houses spending years trying to sell?

The only exceptions I can think of are those multi-million pound properties that needs millions spending on them.

A 3 bed semi doesn't take years.

newsgroupmonkey_

ian1246 said:

housebuyer143 said:

As others have said, speak to a solicitor. It's a catch 22 at the council, because they won't prioritize you for housing until you are facing homelessness, but you won't be facing homelessness until you have a buyer for the house. 
Until you get the ball rolling on the sale they will probably see you as adequately housed. 

I was thinking about how the shares work if guys daughter needs the house. It's not uncommon in married couples that split that the parent with the responsibility for the kids gets to stay in the house until the kids are grown. A solicitor could advise, but rest assured he can't sell it from under you as you need to sign to agree.

Your right, he couldn't. But it sounds like he already knows that given he has threatened the OP with having to pay his legal bills to go to court - which is exactly the process needed to force a sale, and if a judge sides with her ex, which he/she may well, given the OP has 35% value of the mortgage-free home - so potentially £100,000+ capital available when the house sells, meaning she has other options for housing beyond just remaining in the property and preventing her ex / his parents from getting their share - then the OP could find the ex's legal costs are awarded against her.

The OP also needs to consider that as she now has sole use of the property, her ex and his parents could be well within their rights to also commence legal proceedings for occupational rent, which could further eat into her share of the property - though I suspect this would be easier to argue against due to the presence of the child.

Occupational Rent: What is it and when should it be considered when separating? - Ellisons Solicitors

I'll take her occupational rent and play the child maintenance hand.