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Will court force sale of home?(13 Posts)
My ex and i split 3 years ago when i was pregnant. We own a house 50/50 and when we split he continued to pay half the mortgage until i returned to work following maturnity leave - and nothing since (>2yrs ago).
Once i was back at work he requested to sell the house and threatened to take me to court but i said i would use the child protection act to protect my child's home, he stopped paying the mortgage and nothing more was said about it.
His GF (OW) is pregnant and he has now raised the subject again saying that HE will use the child protection act to force the sale of the home, i said no and yesterday received a letter from his solicitor stating that i have 28 days to to state my intentions before they start court proceedings.
I have an appointment with a solicitor on Monday but i never slept at all last night worrying about it - i am unable to get a decent mortgage on my salary, i can't afford to buy him out and now i am having to pay for legal fees!!! I have only recently got over all the turmoil of finding myself a single parent and now he is putting me through this - has anyone else been in this situation and can offer some advice?
It will be very hard for us to advise w/o knowing exact details of residency agreements, income, what homes you both live in now etc etc.
Did you reach a formal financial and residency agreement when you split?
Based just on what you've said I do think you are being a little bit unfair to say he's "putting you through this" though I can see it must be very upsetting.
The house is jointly owned and the starting point when splitting is 50:50. It might be that you will indeed need to sell so that he can have some of the assets to set up his new home.
I hope I don't sound harsh, I am just trying to look at it from an outsider's POV.
I thought it was 50/50 unless a child was involved -
How long have you had the house what did you pay and what is it now worth?
Can you get free legal advice being single?
Has he been paying child support?
Was there any agreement when he left?
Sorry for not getting back sooner, I had the late shift yesterday.
There was never a formal agreement, we weren't married and couldn't come to an agreement, DD stays with him alternate weekends.
There is about 40k equity in the house and my salary covers the mortgage but not much else, whereas his salary is 3 times mine so with CM I manage to make ends meet and have never missed a payment.
We have owned the house for 7 years but he hasn't paid a penny towards it for 2 years.
Thank you for your comments I guess an outsiders POV is what I need right now X
I think you need to prepare yourself for it having to be sold. Everyone's case is individual so it's hard to say but as you're not married I imagine there's nothing else in the pot eg savings or pensions to offset the equity in the house.
Times have changed. People told me I would be able to keep my home until my dc were 18. That's a myth. The court ordered my house to be sold and I had two young children with special needs.
Okay - let us see what he will need to be able to walk away and you keep the house. So you own it 50/50 and weren't married. His half of the equity is £20k (but that ignores your sole mortgage contribution perhaps relevant over last 2 years if it went up in value over 2 years - check on zoopla etc) which is not a massive sum - obviously it is for you but not compared to many splits. Do you have a relative who could raise a £20k loan to pay him his share? Could you max out credit cards, over draft, loans from friends or get an extra bank loan to raise the £20k? That would solve that side BUT and it's a big but he wants to get a mortgage with his new child's mother so wants to come off yours. That means your second stage once the £20k is found is finding a lender. It might be worth your speaking to a mortgage broker as they can be quite good at finding lenders who will take on riskier cases. The broker might be able to get you a new mortgage over 30 years for not just the existing £40k loan but the £20k or a bit less your ex might get so you could remortgage and take him off the loan.
Have you a parent who would guarantee the mortgage and go on the deeds with you or a sibling? If so you would need to complete that before 6 April when stamp duty goes up an extra 3% in these guarantee situations. Is there hope of a new job with higher pay for you so you have more mortgage ability?
Is it the property in both you names? Is the mortgage in both your names? (even though you have continued to pay on your own for two years?). I don't understand how people can let these arrangements drag out. They need to be dealt with when the split takes place. I know at that point people are struggling emotionally but it really should be a priority in order to protect your future.
I think you're going to have to buy him out, give him his share and you might be able to do this if you can raise it on the mortgage, but not if you're struggling financially, the bank won't allow that. Do you have parents or a sibling who can help you raise the cash or potentially be added to your mortgage? If the money can't be raised then you may have to prepare yourself that you might have to sell. I think the solicitor will advise better than us on that though.
If you only owe him 20k that will be reduced by the percentage uplift in value over the two years he's not been paying ?
You might owe him about 5k and be able to make payments over an extended period.
It's actually in your favour he sorts finances out now - you don't want to be paying the mortgage for 20 years and then the fucker decides he wants half
My brother may be able to act as a guarantor on the mortgage but I don't want to have to rely on other people and I certainly wouldn't be able to release any equity at this stage.
Longer hours would mean more childcare and he has refused to assist in the cost as he believes this is covered by CM.
I am just frustrated as I feel that he entered into a contract with me on the mortgage and the only thing I have asked is for him not to break the contract, I will pay the mortgage.
I have heard so many rumours about how the resident parent is able to keep the house to provide for the children, but now feel that perhaps this isn't the case!
Thank you for all your comments - hopefully the solicitor will be able to give me a firm way ahead X
Can you get an estate agent round to value - a realistic value for the property?
You weren't married - that's the massive difference. I had to pay a lot of moeny to my ex husband because he was a husband not just a live in boyfriend and I would have been much better off had I just moved him in and not married him. It depends which in a couple if the higher earner as to whether marriage is sensible or not. Some women won't move in until they've got that ring on their finger when they are the lower earner. Also I always worked full time so that helped but some women give up full time work when children come and then there is less money.
I agree that his £20k 50% share might be negotiated down to less as probably the main thing he wants is to get a mortgage and buy a property with his new partner adn he can't as long as he's on your mortgage. If your brother goes on it instead (and if he does it before 6 April so no extra 3% stamp duty payable - everyone is rushing to do things before 6 April at present) then your ex is still likely to be entitled to some of his £20k but he might be prepared to wait.
Work out what the house went up in the last 2 years (may be nothing). If not then we are starting with £20k for your ex. Then look at how much capital you paid back on your mortgage in the last 2 years - not interest but capital and perhaps take that off the £20k, then may be take a bit off for him getting his money not without having to spend £5k on lawyers and I thin you probably can come to a figure of £5k to £10k for him which he might accept over the next 3 years or you could put on a credit card or find a family member to stump up. Make sure it is signed in writing that that is in full settlement either of you has against the other regarding the jointly owned house so he doesn't come back for more later. He should also be paying 15% of after tax income for one child or something like that less the time the child is with him.
Is there any way you can increase your income? Do you have room for a lodger?
Ok. From experience, in general they wont force a house sale if you have children.
In the cases i know of, it is set up so you buy him out when you get a new partner, or the children reach independence. He will of course get a share in any increas in value.
You will probably be best to try an buy him out now. Offer any lump sum you can afford. One friend had to take 20k from his ex to buy him out - equity was 150k, but the court enforced it as it was all she could afford, and they wouldnt force a sale and split equity as it would affect the child.
As your ex is housed he wouldnt be considered in need of the house or any share.
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