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please help if you can i cant aford a solicitor and i have absolutely now here to turn...can I force a sale on a joint property if he pays nothing?

(84 Posts)

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CakeLover0 Fri 07-Oct-16 09:07:38

I have lived in the property alone 6 years. He pays maintenance but nothing to mortgage. I have struggled and struggled paying it whilst studying/working. We have 2 children. The boiler broke last winter. He wouldn't pay anything to help. We without heating and hot water for 3 months. He will not pay a penny towards anything or help with childcare when he lives around the corner. I have to pay childcare. We havnt been on holiday. We scrape while he holidays twice a year.
I put the house up for sale 2 months ago ( he agreed) sold it but I couldn't find anywhere to rent. I searched and searched. The council said I was to be homeless and we would be placed in a hostel 40 miles away until a house was available. I couldn't do that so thought right let's carry on I've managed 6 years of absolute he'll I can do another 2 as I will then be a qualified nurse.
I had 2 bailiffs on my door 3 days ago (long story - council tax mess up that I honestly didn't owe but hadn't filled in paperwork only showed bank statements- tried to appeal it and couldn't ) they cleared my account (Christmas savings) I haven't got any money in my account. The girls need winter coats. I have back dated childcare and no money for Christmas presents. I'm desperate. So a friend of a friend is looking to buy a property to rent out. He wanted something cheaper than mine but has offered what we owe plus arears. Meaning it's 20k less than asking price but we get to stay in the property. I felt like all my nightmares had ended so I called my exH and he said if I'd sold 2 months ago he would of got 6k and me around 13k. I said I know that but we had nowhere to go. This way, ok we get nothing but arears will clear and the girls stay in there home. He said no I'm not doing that.
Please if anyone can advise me if I can force this sale. I can't get legal aid it's stopped. I have no money and I need to pay childcare next week to go to work.
My mortgage company won't help as I have had to eviction warnings.

Iamdobby63 Fri 07-Oct-16 09:14:27

I'm sure you can force a sale but he might still be entitled to something out of it.

Are you married? Whose name is on mortgage? Are you sure you are obtaining all the maintenance you are entitled to?

Have you previously had legal aid?

spangleknickers Fri 07-Oct-16 09:17:33

I have recently received advice that - long as you are both named on the deeds as joint owners, you can force the sale. Try CAB advice online. it's brilliant and you don't have to get an appointment or go anywhere - they may be able to give you more advice. It doesn't sound as if he should really be entitled to much of the equity as you have been paying the mortgage, so now you are in a position where you have no choice but to sell under the asking price, he can't really complain? I really hope this is an answer for the time being to your problems

BaronessEllaSaturday Fri 07-Oct-16 09:17:41

I can do another 2 as I will then be a qualified nurse Are you a student or are you working full time if so how are you training as a nurse? What age are the children?

springydaffs Fri 07-Oct-16 09:27:31

You can get free legal advice. Or you can instruct a solicitor and pay them in instalments once any sale goes through.

Contact Womens Aid (local office here

Also contact Rights of Women for free legal advice.

springydaffs Fri 07-Oct-16 09:29:07

He's a bastard. Just saying.

CakeLover0 Fri 07-Oct-16 14:25:24

Thanks everyone.
Called CAB and have to drop in Monday. Also advice online apparently.
I am a full time nursing student. I have gone on his wages 6 years ago. I don't think it's changed much if at all. I can't afford for him to cancel payments to me if I go to csa.
Both names on deeds. He pays nothing. He won't agree as he gets nothing. We get to stay in the house and rent it this way. If I sell above he gets 6k we are then homeless.
I'm desperate to sell as I have no savings for Christmas now sad

springydaffs Sat 08-Oct-16 07:54:11

How did it go at CAB, cake?

CakeLover0 Sat 08-Oct-16 10:30:59

I called them to make appointment for Monday. I have begged him but he won't reply. I'm hoping I can force a sale. The guy has offered extra meaning 7 k between us. So he will get 3.5 k instead of 6. I feel like telling him to keep the 7 I'm so desperate.

springydaffs Sat 08-Oct-16 10:35:37

So sorry you've been reduced to begging. So sorry op.

Have you done the Freedom Programme ? Do, if not. At your earliest. Go along to a group (I've linked you to the 'find a course' page) - it's more powerful than doing it online; plus you get to make some excellent contacts.

CakeLover0 Sat 08-Oct-16 10:40:07

Thankyou springy smile me too. I just don't know what else to do. I know he is going to continue to ignore me. Hopefully cab will make me feel better Monday. I'm going to call my mortgage company and beg them too.
Ok, thankyou. I will take a look at it now. Haven't heard of it.

toptoe Sat 08-Oct-16 10:49:07

You must do this with the help of a solicitor because he hasn't paid anything for the last 6 years towards the house so his share should be less accordingly.

There is a lot that you need to sort out, and you cannot do it without sound advice. For starters, are you divorced? What is the settlement? If not, this needs sorting first.

Regarding child care, how old are your children? Would it be better if you worked less hours with top ups from working benefits? That something you can investigate with the job centre near you. I would book an appointment to see them. You may be entitled to some help you don't know of.

CakeLover0 Sat 08-Oct-16 10:54:44

Top toe - not divorced yet. He agreed 60/40 on a sale 2 months ago. Meaning he would get 6k. I looked for rented property but nothing available. I continued to pay mortgage. Now have had my account cleared. So someone has offered to buy the house for less meaning he gets less (3k) we get to stay in the property and rent it back. The 3k I get I will pay upfront rent etc and Christmas. He said no.
I am a nursing student on a bursary. My work is part of the course. I can't change it.

springydaffs Sat 08-Oct-16 11:03:26

oh God, op.

I'm looking forward to you getting into the right community (eg Freedom Programme, Women's Aid etc) that will empower you. flowers

CakeLover0 Sat 08-Oct-16 11:04:31

Thankyou springy flowers

DarklyDreamingDexter Sat 08-Oct-16 11:16:26

I'm not sure I'd jump at your friend's less than asking price offer. Once he owns it there is no guarantee you'd be able to stay long term. (Friends do fall out sometimes, circumstances change.) That 20k would more than pay for you to move into another rented property, with removal costs, deposit etc covered. It would also leave a nice buffer for winter coats, Christmas and all those other expenses you are struggling with, plus a holiday for you and the kids to get over the stress. By all accounts, it's a sellers market at the moment and decent houses get snapped up. So, you you should be able to sell quickly if you price it realistically according to the going rate.

I realise you have other issues to worry about at the moment, but I'm not sure I'd be very grateful to a friend who was willing to pay me £20k less than the going rate and therefore lining his pockets at my expense while seemingly doing me a favour.

Bob19702 Sat 08-Oct-16 11:17:50

No help but just to say what a dick he is , showing no consideration for his children 😡

PigletWasPoohsFriend Sat 08-Oct-16 11:21:49

because he hasn't paid anything for the last 6 years towards the house so his share should be less accordingly.

No it wouldn't necessarily.

CakeLover0 Sat 08-Oct-16 11:23:50

Thanks guys smile
it's a good friend. I trust him. It is alot less but he was looking in a cheaper area miles away. There is no rented available where I live. He can't stretch his mortgage.

DarklyDreamingDexter Sat 08-Oct-16 11:24:26

Just re-read it's a friend of a friend, so you have absolutely no guarantees at all. You could be given immediate notice to quit in favour of a better paying tenant. Very risky.

Appreciate that you've looked for rental places and not found any, but the extra cash could get you a rental in a higher price bracket than you looked before, at least temporarily while something cheaper and more convenient turns up.

CakeLover0 Sat 08-Oct-16 11:32:46

I have no time to sell. I have no money. I know what you mean but I trust him. Yes, always a risk. Like with any property I rent. I can't afford higher rent as so many people won't except as I am a student. I have tried everything.

Bambamrubblesmum Sat 08-Oct-16 11:51:19

Sounds like the friend of a friend is trying to take advantage of your situation. Not sure I'd accept that offer either. 20k less is taking the piss to be honest.

LadyintheRadiator Sat 08-Oct-16 11:52:13

What are your mortgage payments currently and what would the rent be?

Where does your current income come from? I think CAB will want to look at your overall income/expenditure and not advise on the house issue in isolation. It all sounds a bit rushed and hasty.

CakeLover0 Sat 08-Oct-16 11:57:05

I have no choice!
I will save 250 a month. Plus have 3k in my bank for Christmas.
It's been a long time coming. Hell actually.
I don't have money in my account. He is ready to buy a property. Rushed is what I need.

Idefix Sat 08-Oct-16 11:59:59

I don't think you should take this offer from friend, fairly sure that cab would not recommend it either.
Would you consider taking a lodger to help with immediate cash flow?

I would also go to student services and ask for an emergency bursary/payment to clear your debt.

I can see it will be difficult to get a rental in your current situation but with a big enough deposit a landlord may take you , I would get the going price for your house.

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