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Who Gets The Family Home?

(6 Posts)
blossom4free Fri 24-Jul-09 12:19:42

Hello all,

Would love your thoughts or personal experiences please.

The family home is owned three ways. Me, exp and my dad. Exp has never paid the mortgage or any house hold bills. Through my solicitor i have asked if exp would come off the mortgage at no charge to him. I put all the equity in to the property when we bought. I must point out the house is in approx £20k negative equity as backed up by estate agents valuations.

If exp does not come off the mortgage then my dad and i would like to sell the house so that i can have a fresh start with my children and try and cut as many ties with him as possible.

I have one of the children all the time and exp has no access to him at all and my other dd i have a majority of the time. He has her every other weekend at his mothers house.

The court ordered him to move out six weeks ago as he did and does not come in to the home unless he has his supervised visit.

If exp refusing the request my solicitor has said that he will take it before the judge to decide.

Has any one been through anything similar? Does any one know what the likely out come may be?

Any help or thoughts would be fantastic.

cestlavielife Fri 24-Jul-09 12:40:48

assuming you not married -

trust of land act applies as well as childrens act - see

www.edwardsduthie.com/index.php?selectedpage=services_main&content_category_id=3&content_id=137

Case Plan for Trust of Land Act (With Children)

you can apply to court for order of sale if you cannot agree out of court.

i've been advised that schedule 1 of childres act also applies in terms of proportion you would get to provide for the children

see also guide to the childrens act
http://www.edwardsduthie.com/index.php?selectedpage=servicesmain&content_category_id=3&contentid =117

blossom4free Fri 24-Jul-09 12:45:23

Thanks for your help with this. i am going to have a look at the links now.

allgonebellyup Fri 24-Jul-09 19:42:47

How come he only had one of the kids over to stay and not the other?

Niceguy2 Sat 25-Jul-09 09:47:36

Hi Blossom

I do really feel for you. I was in the same situation when I split with my ex. She refused to sign over the house despite having an agreement in writing (Declaration of Trust) when we bought it.

The only way was to indeed take it to court. That costs time and money and of course there's no guarantee of winning. Although I do think your case is strong.

I suspect he either thinks there's equity in the house and hoping for a payoff, hoping you'll offer him some cash to sign or hoping for a housing recovery then he'll be entitled to some equity.

In the end I chose to pay my ex slightly more just to draw a line under it so I could move on. I'm happy i did it now as she was using it as a weapon to try to control me. Now all she can do is give me dirty looks in the street. lol

blossom4free Sat 25-Jul-09 10:04:27

Hi All,

Thank you for all your help!

Yesterday evening i had some fantastic news!! He has agreed to come off the mortgage with no pay off.

My solicitor managed to prove that not only did exp have no income so couldnt take over the mortgage but that it was in negative equity and that he never paid in.

The judge has ruled in my favour with no costs going to the exp.

What a relief!!!

There is some justice out there but boy do you have to fight for it.

xxxx

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