Selling jointly owned house if the children live there?

(2 Posts)
troubledmum1234 Mon 15-Jul-13 21:11:54

I'm hoping someone here may have been in a similar situation (either side) and might be able to help. If anyone has knowledge of the relevant law surrounding this that would also be great! Every email or call with my solicitor is costing me a fortune sad

Very briefly (if possible)...

Ex and I have jointly owned property. He moved out through choice 2 years ago despite me not being able to afford mortgage payments alone. He said if I paid mortgage for a while he'd set himself up a new rented home and then we'd sell so I could also move on and rent somewhere.

He then ignored the property for 18months. He ignored all my attempts to discuss/sort out the sale, ignored 4 solicitors letters and my offer of mediation. I had to move out as couldn't afford high mortgage repayments and so it started going into arrears.

Unfortunately the arrears meant repossession has started and is currently still in progress, although no court hearing has been set yet.

I finally found the money for a court application to sell the property (yay!) and have a court date booked for November as they didn't have any sooner date to offer me. I believe the application is under the TOLTA. MY solicitor said a court is pretty much guaranteed to order the sale and him to pay costs due to his refusal to communicate for so long. I've borrowed money to do the place up to prepare for sale and spent more hours than I can count redecorating it.

A week ago (after 18mths) he text me saying he is moving back in there. He has the children 50/50 and we have a shared residency order. He has said he has been advised that under Schedule 1 of the Children's Act once he is in there I won't be able to sell.

Does anyone know? The property hasn't been the children's home for 18mths now, he is moving back in there purely to stop me selling and to stop me being financially free from him. He is a mess with money (debts, bailiffs etc) and if they stop repossession and he starts paying mortgage I know at some point he will fail to make the repayments and it will be repossessed - repossession means a huge debt for us both, whereas to sell we could pretty much break even.

He doesn't earn enough to buy me out and nobody will help him to do so. I know I can't stop him moving in there legally as he is a joint owner and it's empty but what are my chances of getting the sale ordered at court in November if he's lived there with the children for 3 months by that point. Do you think a Judge will see he's been manipulative and deliberately waited til I've done it all up and spent thousands on legal fees before jumping back in there and that it is not really the children's home as such.

Thanks for reading! smile

cestlavielife Tue 16-Jul-13 11:50:46

very complicated as you have reposession orders going on as well.
call mortgage company and explain situation. has he asked mortgage company to stop reposession? have you an offer on the property?

even if you get order for sale it can take time.

if kids living with him fifty fifty then it will be their home too. but i he and you cant afford to pay the mortgage on it that;s redundant as mortgage co will force the repossession anyway.

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