This may be long so I apologise in advance. Basically as the thread title says, ExP (or rather his solicitors) have issued Part 8 proceedings against me seeking a declaration of his beneficial interest, and an order for sale of our house. I received the docs from the court yesterday, along with a hearing date for early in the New Year.
ExP has submitted a detailed 30 odd page statement (which is mostly lies) in support. He has said that our relationship broke down as a result of an affair (it didn't, he was emotionally and physically abusive to me, but I don't expect he wants the court to know that!), that he has done £100k worth of work to our house, that he needs a sale so that he can buy another property etc etc.
The bottom line, and leaving aside all the lies he has told is that I don't want to sell the house. We have a child together who is 10, I have an older child (not with Exp) who also lives with me. We bought the house 10 years ago, both children don't remember living anywhere else, and attend schools nearby. If the house is sold I will not be able to afford another house locally, and will have to move to a cheaper area. This will cause problems for both children in terms of schools, I will need to make alternative childcare arrangements for younger child etc. Frankly they have been through a lot and I don't want to put them through it.
I am prepared to be reasonable and to pay ExP a fair amount for his share of the house. I have said this all along. I should add ExP pays no maintenance and has not done so since we split 3 years ago. He currently lives rent free with his family.
ExP first instructed solicitors 18 months ago. They wrote re Ex's intention to sell house. I responded to say I didn't want to sell, and would offer Ex a fair amount. I also referred them to the fact that I had previously offered Ex an amount, which he agreed, but then changed his mind. Solicitors never responded.
Another 6 or so months later, I heard from another firm, along same lines. I sent them a copy of my response to previous sols. Again no reply.
Earlier this year, another letter from Firm no 3. Again re selling house. Again I sent copies of previous letters to other firms. No reply at all, and then they issue proceedings!
I suppose what I want to know is:
Is it reasonable of them to just issue without even attempting to reply to my letter or the offer I've made to ExP?
Are they likely to obtain an order for sale?
What should I be doing to protect myself and my children? (I don't have a solicitor as yet, I'd rather try and do as much as I can myself to keep costs to a minimum)
Will the hearing in the new year be a final hearing, or just the first round?
hoping someone can advise....
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ExP issued proceedings to force sale of our home - where do I stand?
14 replies
janedeflorette · 15/10/2011 10:23
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babybarrister ·
15/10/2011 10:32
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