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Schedule 1 Children's Act- How easy is it to use to keep house?

(1 Post)
troubledmum1234 Wed 10-Jul-13 08:36:41

I have posted already with a full in depth thread, but since I have read up on here and I think I know what I really need to ask which is about the use and limitations of using Schedule 1 of The Children's Act to prevent the sale of a property.

Very briefly. Jointly owned property, my ex left us and pretty much dumped me with it. I couldn't afford mortgage alone, he refused mediation, ignored all solicitors communication to arrange to sell it. I had to move out and rent privately as couldn't afford the mortgage. I applied to Court for order I sale (property has been empty for nearly a year now) and he has decided he is moving back in! He is a financial mess, emotionally and financially abusive and is using it to control me again sad

He has said he will be using Scedule 1 of the Children Act to block me selling the property. He says once he lives there I will not be able to sell. We have 2 children under 8 and we have a shared residency order 50/50 residency.

He has a home now, but it is owned by his sister. He is moving there to stop me selling it, it was not a home for the children when I applied for the sale and still isn't now, but will be before the court hearing. Will a Judge recognise he has done this to try and manipulate the system and keep me financially tied to him?

Does this rule to protect children being made homeless apply if they actually have 2 homes? Plus he does work full time and renting a property would be cheaper for him than the mortgage payments, so he could easily get somewhere for him and the children.

Any advice appreciated. Thank you

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