I do not want the house sold

(11 Posts)
Pisssssedofff Sun 01-May-16 08:23:24

So long story but before we split we rented out the family home as we'd moved abroad. Neither of us live in it at the moment as its rented out and it is in his name. There's very little equity. I poured £70,000 into remodelling it etc and if it's sold neither of us will get a penny.
I will never get a mortgage for the amount I need to house the kids etc but see the house as a way of staying on the housing ladder until I'm in a position to just buy for myself. I'm happy to pay the mortgage shortfall - have done for the past three years - all Maintence etc and the bank are prepared to transfer it into my name in 6 months time.
This is going to court as he and I cannot speak any more. I want the property transferred and 50% of his total pension. There's nothing else.
What am I asking the judge for - does it have a specific name ? I have to self rep.
Thank you

RedHelenB Sun 01-May-16 12:11:35

You want a transfer of property into your sole name.

lifeisunjust Sun 01-May-16 13:36:53

You need to add up the value of all assets including pensions, houses, savings, furniture, absolutely everything, pensions get a lower "today" value than their CETV. Then work out the percentage the house makes up. If it makes up 50%, then the starting point could be you keeping the house as the 50% starting point. If you have greater responsibilities, ie children to house, you can expect a bit more than 50% of the assets.

Pisssssedofff Sun 01-May-16 14:04:31

There's nothing we left everything in Australia and arrived back in the U.K. With 4 suitcases and I have the kids 24/7

Pisssssedofff Sun 01-May-16 14:05:21

A bit more ? My ex mil got 70/30 without kids I won't be taking less than that

lifeisunjust Sun 01-May-16 14:38:54

I managed 63%, my ,husband fled where we lived after being arrested for domestic abuse, he admitted in front of the judge he had stolen 34k and spent from the children's accounts (that was removed from his settlement), husband admitted the DV to the mudge and the restraining order against him for harassment including threats to kill me (makes no difference), he admitted abandoning his kids completely and hasn't seen them for 3 years and only recently agreed a pittance of maintenance for them (makes no difference). I only asked for 60%, the judge awarded me 63%. I house and pay for the children. Yet I thought getting 63% and equalization of pensions a pretty good outcome, since I was the defendant. If you cannot agree, the judge will decide and you'd have to have pretty good reasons to argue getting a really high cut.

Pisssssedofff Sun 01-May-16 14:49:29

Tbh I'm actually happy with 50/50 IF he has 50/50 with the kids so I can restart my life that's been on hold for the past 3 years. Some how I suspect that won't happen though unless I force matters which would be rotten for the kids. It's all so unfair.

lifeisunjust Sun 01-May-16 15:03:57

Care of kids has only a minority bearing on division - the judge will look to see what your needs are, his needs are (I hated he even had the right to have needs after what he did to us but in law he did), if the children are housed properly.

There is no fairness when men walk out on women and women are the lower earner or have no income at all.

I couldn't manage to raise a mortgage for the 37%, half of which I was ordered to hand over in cash with just 6 weeks to deadline or the house would be sold to pay for the 37% instead. The deadline was just too short, the amount I had to raise was 4 years of net salary. I resorted to 5 personal loans, absolutely not the best option, but did manage 2-4% on 4 of the loans and one of 13% which I've paid off first and has crucified me for the past 12 months, 4 loans to go. You have to get creative to achieve goals and my goal was to keep the family home to keep on the property ladder and to give security to the children.

Pisssssedofff Sun 01-May-16 15:24:19

Well I'm hoping that giving my tenants a two year lease stops him from selling it tbh.
But equally in starting to think that I'm stitching myself up by refusing 50/50 shared care. If he wants it let him have it, it doesn't seem to be doing me any favours having them 24/7 365 nights a year

Laura812 Sun 01-May-16 21:56:39

I had care of our 5 365 nights a year (his choice, not mine!) and my ex still got 60% of our joint assets (as I earn more).

In your case no reason you could not get the order for house transfer to your name particularly as your ex won't be on the mortgage presumably so he is then free to buy again himself and he loses nothing by not owning the house any more. He might make his own application to have the house transferred into his sole name too of course and then the judge would have to decide which or decide neither of you have it. That is why going to a hearing can be risky whereas reaching agreement with an ex can sometimes be safe. Court hearings can be quite risky and unfair at times.

You can't force even one night a year on these men! It's very unfair. I would have loved 50.50 or even a night a year without the children but you cannot force a mother or father even to have a night a year with their chidlren.

Pisssssedofff Sun 01-May-16 22:05:44

Well I must say I'm going to do the same if it turns to madness and some how he gets awarded 50/50 they can't force me either ... He can have them full time. The look on his face would be bloody priceless

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