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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Has anyone been ordered to sell them home? With 2 young kids?!

31 replies

charrowell · 03/11/2020 17:16

I just wondered if anyone has been through the family court (financial settlement) and came out a lot worse than you thought you would?

I am a mum of 2 kids under 10, living in the jointly mortgaged home and I am petrified that the court will order the house be sold as my ex does not have enough money to rent as well as contributing towards the mortgage. We both pay in half but if he continues there's no way he can rent somewhere of his own. He is living with his mum currently and paying no rent, I assume the judge will not feel this is fair as a long term living arrangement but I cannot currently afford to take on the mortgage myself.

I have been assuming that no court would make children leave their home if they are settled and happy but lately Im not so sure. Has anyone been in a similar situation?

OP posts:
charrowell · 03/11/2020 18:39

Yes MessAllOver and marveloustimeruiningeverything very good points, amazing what you dont think of when you are in your own little bubble! Im glad Ive posted this now as there have been some good suggestions and points made so thank you all.
I would very much like to move and start anew, a house that wouldnt hold memories either sounds good!
I may give him what he wants and suggest that I would need the bulk of the equity for us both to move forward.

OP posts:
charrowell · 03/11/2020 18:41

I really want full disclosure though, can't make any informed choices without knowing the full story....

OP posts:
canigooutyet · 03/11/2020 18:46

I've had friends who have had to sell and both walk away with nothing, other equity 50-75%, others who have stayed either because they could and would continue to pay, or buyouts.

If there's no funds for you to remain, then honestly you need to start getting used to the idea. Once the order is made, things can move very quickly.

MessAllOver · 03/11/2020 18:46

Realistically, the more independent and self-reliant you are, the happier you'll be. There's no joy in being dependent on an arsehole who you can't trust. Easier said than done, but try to find a small house you like somewhere where you can walk your kids to school and where there are good employment prospects that you can access by walking/public transport.

Even if a court did order your ex to pay the mortgage, do you really want to rely on him so heavily going forward to maintain the roof over yours and your children's heads? He could lose or give up his job or just stop paying. Best to get the biggest lump sum you can at the outset.

RoseMartha · 03/11/2020 18:53

Your solicitor will advise you. You can get a free half hour appointment with one although probably via zoom or similar atm. It depends on both your financial situations and also your children's needs.

We had to sell the family home. It was agreed I have more equity. I was able to buy a first time buyers flat which I live in with our dc.

Simonfromharlow · 03/11/2020 19:01

@charrowell I work 18 hrs a week and live in Essex (not Harlow 😂) which is also expensive!

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