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Court order to sell home

(126 Posts)
user1479246102 Tue 21-Nov-17 00:07:17

Me and my ex split in 2013 and he moved out of our marital home and I stayed with our 2 young children. I left work to be a SAHM when our first was born so I had no wage coming in and so I got incone support.

I met my new partner and therefor my ex stopped paying his half of the mortgage as he though I had my partner living with me,but as he is in the army we only see each other at weekends, so I was left to pay the full ammount out of my benefits and child maintainance.

We ended up going to mediation as he wanted his name off the mortgage but I was reluctant to sell as I wasnt finacially stable to,but I agreed that once I was in full tine work that i would have the house on the market the following year (August 2017)
I started training as a TA and got a part time job at my local school just 5 hours a week with the view to go full time once I was qualified.

However come January 2017 I fell pregnant and so had to put things on hold...but still August came and my ex asked me about putting the house up for sale...and I told him that my baby was due in September and that we agreed that the house would get put on the market so long as I had a full time job, which wasnt possible being pregnant. So he stopped paying the child maintinance which I depended on to pay the mortgage so I got in arrears...I recieved a court order to sell the home and now he has sent a letter in to my incone support ti say I have someone living wih me (which I dont) and now my income support has stopped....so what can I do??! I cant afford to go to court and I cant rent due to credit rating and im on the council housing list but theres no properties suitable for my family....

Orangebird69 Tue 21-Nov-17 00:15:50

Is there any equity in the house? What kind of financial support are you getting from the father of your youngest? See if a local solicitor does free half hour appointments, or get down to the CAB as soon as.

user1479246102 Tue 21-Nov-17 00:19:17

My partner gives me enough to cover the tine he stays at mine, he has his own went to pay at the barracks too so I cant ask for more. There would t be much equity no, alot needs doing to this house so I doubt it woulf sell for the asking price.

user1479246102 Tue 21-Nov-17 00:20:14

Rent*

Collaborate Tue 21-Nov-17 07:08:34

"I received a court order..." Did you really receive an order, or was it a court application?

The court may come to the conclusion that you and the father of your unborn child are in fact living together. the only reason he's elsewhere during the working week is that his job demands it.

Assuming it's simply a court application (and you weren't married), you can try and defend it, but I suspect your partner's income will be taken in to account when determining affordability of you buying your ex out.

And you must go to CMS and get a maintenance assessment done. He shouldn't stop paying child maintenance.

user1479246102 Tue 21-Nov-17 09:15:24

I think its an application with intent. We were married...got divorced a year ago. Om not digging my heels in...I want to sell the house too and my partner is awaiting paperwork from his militatry financial advisor as memebers of the armed forces can get grants to help to buy a mortgage...once we get that we can sell up and move...but my ex is inpatient....I do t thik he realises that a home cant be sold just line that...this house will not sell quick as its in need of alot of work.

DonkeyOaty Tue 21-Nov-17 09:59:56

You might be on a sticky wicket wrt income support as you could appear to be part of a couple seperated by circumstances (forgot the correct terminology). Yes do seek CMS assessment anyway.

user1479246102 Tue 21-Nov-17 10:51:07

Thanks for your replies. Yes im not carrying on with income support...thats stopped. Child maintinance is sorted and starts at the end of this month. I will be putting the house on the market early next year, which I stated in the letter to his solicitor...but still he sent the application for court...which I dont see the point in gping if i have said when um putting it up for sale...

Collaborate Tue 21-Nov-17 12:33:48

Who issued the divorce petition?

user1479246102 Tue 21-Nov-17 16:13:50

I filed for divorce.

Collaborate Tue 21-Nov-17 16:58:49

Ok. Presumably he’s not remarried then?

A house might not be sold if the new partner can’t afford to help rehouse, but it’s dealt with on a case by case basis, and the new partner has a legal responsibility to house his child when born.

The fact that you stopped claiming income support (because of your new relationship?) is evidence of cohabitation that will be hard to refute.

ArnoldBee Tue 21-Nov-17 17:01:29

Sorry but army husbands is a well known tax credits scam as you are actually a couple so you do really need to tread carefully.

user1479246102 Tue 21-Nov-17 17:03:53

No, not remarried.
I was thinking that the application to court letter may just be a push to get me to sell ge home...with no intention to actually take me to court??
I cant see a judge forcing me to sell the home in my situation...were I have 3 young children, no secure income and awaiting paperwork with my new partner to apply for a new mortgage under his name in the near future....surely my ex will get laughed out of court for not knowing my circumstances.

sparechange Tue 21-Nov-17 17:07:31

Are you still in arrears with the mortgage?

If so, how many months?

fleurjasmine Tue 21-Nov-17 17:25:48

I think I would try to hang on to the house if at all possible.

IS is meant for lone parents however, not for those with a partner living away. On that logic, the spouses of MPs would be able to claim it!

ArnoldBee Tue 21-Nov-17 18:31:13

To be honest I'm not impressed with your current partner. Barracks rent is the cheapest you can get (its virtually nothing) which will leave him plenty of spare cash and he's let his partner end up with mortgage arrears?

user1479246102 Tue 21-Nov-17 19:09:22

Im not claiming IS anymore since my partner started supporting me. My partner was away on tour when I went in arrears...its not really his problem...i didnt tell him I was struggling.

My mortgage company are aware of my situation and we have an agreement on how im paying back the arrears.

helpfulperson Tue 21-Nov-17 19:23:02

I'm sorry but I think it's a bit cheeky to expect your ex to keep paying a mortage because you can't work because you are pregnant with someone elses child.

user1479246102 Tue 21-Nov-17 19:26:27

He isnt paying the mortgage??? He hasent contributed since he left.

PotteringAlong Tue 21-Nov-17 19:27:16

If your partner is paying you rent, however little, then he IS living with you, surely?

bigkidsdidit Tue 21-Nov-17 19:27:20

You can't expect your ex husband to support you on maternity leave with your new partners baby, surely. Isn't it time your new p moved in officially - to your house or a new one - and you paid the bills between yourselves? Obviously, excluding child maintenance which I hope your exh is still paying.

user1479246102 Tue 21-Nov-17 19:30:27

Dont think half of you have r3ad the thread properly hmm

WitchesHatRim Tue 21-Nov-17 19:30:39

surely my ex will get laughed out of court for not knowing my circumstances.

He wouldn't actually. It isn't your ex's responsibility to support you whilst you are on maternity leave.

user1479246102 Tue 21-Nov-17 19:48:31

When did I say i expect him to support me??!
That fact here is he is forcing me to sell my home...and even though I have told him when I expect that to happen he still isnt happy and would rather drag it all througj court. Iv never expected anyone to support me and ive never asked. I was told to go on income support as I wasnt getting maternity and I told them my situation with my partner. But my ex sent them a letter stating that he was living with me full time so they interviewd me and I said it was false but told them to stop it anyway as my partner had starting supporting me.

AgentProvocateur Tue 21-Nov-17 19:58:42

You’ve reneged on your original agreement to sell the house in Aug 17 because you got pregnant. So you presumably won’t have a full-time job till September 18. And even then there’s no guarantee. You must be able to see your ex’s point of view here.

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