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Please help, desperate now- forcing ex out of my property...

(1 Post)
mumtobealloveragain Wed 26-Mar-14 17:31:54

Posted out this before and had great advice. Been to first hearing and have the final (all day) hearing soon for my ToLATA application to force sale of the jointly owned property that my ex lives in. I am preparing my final statement but I really need some simple help. I wish I could afford a solicitor but I simply can't. My statement is to be filed and served in 48 hrs time sad

Just to give some background:

Ex lives in the jointly owned property with our children, well 50% of the time we have 50:50 shared residency. He hasn't lived there long, I lived there alone after we separated and it was empty for over a year then he moved back there late last year refusing to sell. He has said he doesn't want to sell as he will be "homeless" and he can't afford to rent elsewhere and that Council housing isn't good enough for him so won't ever apply. Market rents are roughly on par with the mortgage (which is interest only) ex works and has an income. He has also let slip (last hearing) that he recently inherited another property, which as far as I am aware is sitting empty. It is not in the same town, it is about a 30 min drive to the children's school. He was ordered at last hearing to provide his witness statement and evidence (file and serve) by a date 4 weeks ago. he has neither served me or sent anything to the Court.

My questions (please) are:

1. He (yet again) hasn't abided by the Court's order and hasn't filed or served his evidence on time/at all as yet. He did this last time and the (pretty scary!) Judge ripped him to shreds and said his statement (which he turned up with and plonked in front of her as we walked in) was a "flimsy letter not a statement and that "you look like you don't even know this is serious", Basically how do I make the most of him failing to follow the order.

2. He hasn't made a "counter application" under Schedule 1 of the Children's Act. However, my research tell sme making this application would just be belt and braces and he can just state he wants to make application to keep the home under the Children's Act rather than actually applying - is that correct? Ie can he not reply at all until the hearing and then hit me with it at Court?

3. Can anyone tell me, in simple terms, what are the common arguments/points that someone might make, under Schedule 1 Children's Act as a defence to a Tolata application to force sale. We can sell and he can rent elsewhere. Is it enough to say it will be disruptive for the kids to move elsewhere (locally of course).

(Rent locally on par with our mortgage, mortgage is set to rise when interest rates rise soon, children wouldn't have to move schools or change anything other than the place they live 50% of the time. He has no family in the area they all live quite far away Kids move all the time surely, specially when relationships end. neither of the children have special needs or disabilities and they are not doing exams or anything (both primary aged).

Lastly, am I allowed to ask he provides information about this property he has inherited? Surely he can just live there, we can sell and all is good and I'm free from the burden of being financially tied to someone who is so irresponsible with money.

Sorry it's long - advice greatly appreciated!

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