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Getting my ex out of jointly owned property..

(9 Posts)
mumtobealloveragain Sun 09-Feb-14 10:23:48

I've posted before about this. In short, jointly own a property with my ex. He's a total financial mess, runs up debts, had lots of debt collectors at the property for his debts after he left. He totally ignored the property as ditched me with it, I stumped up full mortgage each month (barely) he refused to agree to sell or rent it out, refused mediation, ignored 6 letters from my solicitor over 18 months despite knowing I couldn't afford it alone. I moved out as couldn't afford it any longer. It was empty for a year, mortgage council tax etc not being paid. We have 50:50 residency of our 2 young kids. I applied to Court for an order of sale under tolata and whilst waiting I redecorated and cleared all old furniture out etc- at all my own cost. Once I finished the twat moved back in.

Here we are now. My tolata hearing was last week. He turned up but hadn't followed the Courts directions and hadn't filed or served anything before the hearing. Judge was clearly annoyed and was really shirty with him. Judge told him he wasn't taking this seriously and he must. He lied to Judge and said he'd paid full mortgage and ground maintenance each month since he moved it. He hasn't paid ground maintenance at all (terms of the lease and the management company are now taking legal action) and has underpaid the mortgage payments (albeit slightly) unfortunately I couldn't prove it at the time I have now had an arrears demand from the Mortgage provider- adding on arrears fees too. My argument is that he can't afford it and even if he could he doesn't care about running up debts- this is in my name too so letting him kept the property means I a having debts run up in my name and no way of stopping it.

He said to the Judge he wanted me off the mortgage so if I agreed to sign the deeds over to him bed agree to pay the mortgage. The judge told him he needs to do it officially and buy me out. He has been given 4 weeks to see of he can buy me out (not happening he earns less than 20k and would need a mortgage 10x his salary). If he can't he will say the children need a home so he wants to keep it.

Anyway. Because he has the children there 50:50 the Judge suggested he make an application under the Children's Act. This is my question. How does this work? Does he apply under he Children's Act to keep the property and that is heard at the same time as my next Tolata hearing or will it be a different hearing for his children act application with him being the applicant and me being the respondent? I'm hoping the children's Act won't protect him given that he is so financially incapable and irresponsible. My counter argument is the children live with me 50% of the time also, the way he is going will cause me financial stress and serious hardship by running up debts in joint names (mortgage and ground maintnenance arrears) and therefore risk the children's home with me.

The mortgage is interest only and about the same cost as local rentals. He's saying the 10k equity (his share) isn't enough to buy somewhere and he doesn't want to rent. He works and always has, so how the heck can he claim he will be homesless without this property- you rent like everyone else who can't afford a mortgage does! angry

He also disclosed (accidentally) to the Judge that he has been left a property by his great aunt (recently died). This wasn't in his statement that he bought with him on the day. The judge told him he should try and sell it to buy me out. He said he'd rather not and the judge wasn't impressed. Surely his argument of being homeless is now void as he has another property he could live in!

Advice welcome as always as I'm representing myself due to lack of funds hmm

RedHelenB Sun 09-Feb-14 13:22:32

If he has a property then it goes in the melting pot of financial assets & may well be his undoing re the house he now occupies. Have you applied to have the finances sorted yet?

Doasbedoneby Sun 09-Feb-14 13:31:53

I didn't think they were married?

tinyturtletim Sun 09-Feb-14 13:36:23

Blimey this is never ending for you

are you married?

RedHelenB Sun 09-Feb-14 13:43:48

That makes a difference BUT it also means that if he does default on the mortgage it would be him that the mortgage company came after as he has another property!

babybarrister Sun 09-Feb-14 15:17:46

RedHelen - there is no pot is they were not married. The Children Act claim will be joined with the TOLATA proceedings

If he has another property though it certainly does mean that everything changes re his Children Act application as his "needs" re housing the kids have massively changed

You need to ask for full details of the will, any mortgage and a valuation of the inherited property asap

mumtobealloveragain Sun 09-Feb-14 21:36:31

Thank you all. We were not married- thankfully! smile

Babybarrister- I'm struggling to understand the application under the children's act. Will I be served papers and it will be heard at the next hearing for my tolata case (set to be a full day hearing).

He didn't mention the property he has inherited at first. I think it just slipped out accidentally. I know he has inherited it with his sister but I don't know the address. How do I get the information you suggested I get, such as the will, property value etc- do I wait for him to file and serve his bundle and what if he doesn't put the info in there- should I write to him and request he provides it or should my statement request.. it but then how would a Judge ask him to provide that information as the next hearing is a full day one and hopefully a decision will be made. Thank you so much

babybarrister Sun 09-Feb-14 21:54:48

it is info relevant to his Children Act application - not the TOLATA!

mumtobealloveragain Sun 09-Feb-14 23:37:29

Ah I see thank you. It's all so confusing and however much I read up legislation and online for someone like me with no idea it's all so hard to understand.

So does ex make a Court application under the Children's Act relating to my Tolata application. Then I am served this Children Act paperwork and on the day of the Tolata hearing the Children Act application is also heard at the same time, so it's all gets merged into one?

Any tips for this would be great! If I am correct Children's Act is used to prevent them being homeless. Even if he didn't have this other property he works, he will get equity from the sale to pay moving cost and deposit and can rent somewhere. In your opinion. will the " terrible upheaval" smile of moving (as he put it) be a good enough reason for a judge to not Order the sale even if I can prove they have somewhere else to move to? They won't have to move schools or anything of course nothing will change apart from moving to a different house.

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