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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.

Original poster

complicated possible forced sale of house

67 replies

NastyPastie · 17/08/2021 12:26

Hi all

I got divorced 2 years ago. We were together 11 years, have 4 children, and I basically stopped working to bring up the children, so we went to court regarding financial settlement. At the time I was unemployed and living in the former matrimonial home.

The Court decided to give me a year to basically buy ex-husband out, and take his name off the mortgage. I raised the funds to do this, and have paid the £1k mortgage myself since April 2017. Trouble is that I'm on what is considered a low income, and part of my income is made up of Universal Credit payments which lenders (most of) won't consider in terms of affordability for a mortgage.

I'm with Santander, and they flatly refused me on the basis of my income. A broker tried to arrange a mortgage but our credit history became an issue, basically when we separated he was insisting I paid 50% of his rent as well as 50% of the mortgage, and given I was unemployed at the time I negotiated with Santander and with their understanding we did not pay the mortgage for 6 months. This was not technically classed as a default as it was accepted by the lenders that it was a temporary situation until the case was sorted. I paid the arrears, and have paid the mortgage ever since.

Now ex-husband wants to, understandably, stop renting and buy a house of his own but his name is still on our mortgage. I originally had 12 months to take his name off the mortgage, but Covid hit, and I was unemployed... struggling completely with mental health, finances etc. Against all odds I managed to get a full-time job and have increased my pay this year, but still a proportion of my income is made up of Universal Credit so I find myself trapped.

I can afford the mortgage, and have a secure full-time job. He wants me to sell, and I am in complete panic as the house is in such a mess, and I don't know what to do. I know there is the Court Order from two years ago - can he simply apply for it to be enforced, then I will just have to sell? Bearing in mind he hasn't paid the mortgage for years, and he received his financial stake in the house a year or more ago - it is mine in all but name.

It is the most frustrating position, because I am going to have to end up renting, spending the same as I would on a mortgage... with no prospect of being able to afford to get back on the housing ladder because my finances are in such poor shape after having a career break and divorce. I am seeking legal help later in the week, and going to talk to an EA about the situation. Ex-husband has Asperger's and cannot negotiate with me. The four children (aged 14, 12, 10 and 8) do not want to lose their family home, and I just don't know what to do. I'm trying to hold it together... but am in real panic.

OP posts:
ThisIsStartingToBoreMe · 17/08/2021 12:50

Hi OP. The first thing you need to do is see if you can find a mortgage provider that will include universal credits and take a bad credit history.

That is the absolute first thing you have to prioritise.

If you can't raise the money, then, and I mean this kindly, your ex partner has waited 2 years for his share and he now wants to move on. You've had an additional year on top of the court ordered year so he's been more than fair really and yes, he can get the court to authorise the sale of the house.

If you can't get a mortgage and your husband wants his share then renting it is. It's not the end of the world and plenty of people do it. Have you registered yet for local authority housing?

Crockof · 17/08/2021 12:53

Can he? The children are still young

ThisIsStartingToBoreMe · 17/08/2021 12:56

Yes he can because if he couldn't the court wouldn't have had the power to give her a year to sell it would they? They would just have addressed the matter there and then if he couldn't force a sale.

If he can't pay the mortgage he can't pay it! Thats not a matter the court can resolve.

The children are young but they can be housed in rented, like millions of other children.

Original poster
NastyPastie · 17/08/2021 12:58

He’s had his share though, he does not own the house. And they gave me a year but Covid put paid to that as it was impossible to get a job…

OP posts:
Theunamedcat · 17/08/2021 12:59

Push harder with a broker? In the meantime try and get money towards a bigger deposit?

Theunamedcat · 17/08/2021 12:59

Does he pay maintenance? Some mortgage companies take that as income

HirplesWithHaggis · 17/08/2021 13:00

He's had his share, financially speaking, and doesn't pay towards the mortgage. But his name is on the mortgage and he can't get another mortgage/buy a house til his name is off the mortgage. But OP can't remortgage to get his name off... Is that right?

PP suggestion of a specialist broker sounds best. Good luck.

Original poster
NastyPastie · 17/08/2021 13:10

Yes that's exactly right - he had his share two years ago, and hasn't paid the mortgage since. I can't remortgage. I always thought it would be straightforward once I found work but can't earn the salary I was earning before children, and the bad credit history issue...

OP posts:
mayblossominapril · 17/08/2021 13:11

Talk to a broker first. Do you have a family member who could act as a guarantor? Could you get a lodger do air B&B to increase your earnings?
How much equity do you have in the property and could you sell and buy something cheaper with a smaller mortgage?
Try really hard not to panic and the carefully work your way through the various options.

Ohsugarhoneyicetea · 17/08/2021 13:12

It's very difficult to get someone to remove you from a mortgage if they don't want to. The bank won't want to, and your ex can't make them.

Also if the court order said 'best endeavours' to remove him, then that's basically an oh well if you can't and don't.

Do nothing. Wait for him to take it back to court to enforce. At which point the judge will be faced with decision to make 4 children homeless, so one man can get on the property ladder. And I think you have a good chance of that not being agreed to.

So do nothing, keep paying mortgage, let him force the issue. Evidence that you have tried & been refused. Have a plan to earn enough so that eventually that you can in the future. Show all that in Court, and remember 'clean hands' only polite, helpful communication with your ex about how hard you're trying.

Seasonschange · 17/08/2021 13:20

How much are you short by?
Is selling and buying a smaller place not an option?

Original poster
NastyPastie · 17/08/2021 13:24

The trouble is it is a three-bedroomed house. Three girls share as it is. With four children and me... am not sure it is possible to buy somewhere smaller. That's why it is such a frustrating situation.

OP posts:
Creuset · 17/08/2021 13:25

@Ohsugarhoneyicetea

It's very difficult to get someone to remove you from a mortgage if they don't want to. The bank won't want to, and your ex can't make them.

Also if the court order said 'best endeavours' to remove him, then that's basically an oh well if you can't and don't.

Do nothing. Wait for him to take it back to court to enforce. At which point the judge will be faced with decision to make 4 children homeless, so one man can get on the property ladder. And I think you have a good chance of that not being agreed to.

So do nothing, keep paying mortgage, let him force the issue. Evidence that you have tried & been refused. Have a plan to earn enough so that eventually that you can in the future. Show all that in Court, and remember 'clean hands' only polite, helpful communication with your ex about how hard you're trying.

This is absolutely terrible advice.
Original poster
NastyPastie · 17/08/2021 13:27

why is it terrible advice?

OP posts:
Embracelife · 17/08/2021 13:30

People move house all the time.
So don't fret too much on that front.
You and dc will cope if you need to move.
How much equity is there?
Have brokers said what mortgage you could get and is that with equity enough to buy something else even smaller property?
You can pay 1000 a month so what property does that get you if you sell?
How much equity is left after selling and what % of property?

Embracelife · 17/08/2021 13:31

@NastyPastie

Yes that's exactly right - he had his share two years ago, and hasn't paid the mortgage since. I can't remortgage. I always thought it would be straightforward once I found work but can't earn the salary I was earning before children, and the bad credit history issue...
What fo you mean by he had his share? Did you pay him ££££?
Original poster
NastyPastie · 17/08/2021 13:44

The Court Order stated 52% to me and 48% to him at that time, based on the valuation. As agreed, I paid the amount due to him, and took over the mortgage, as I was fully intending to buy him out and take his name off the mortgage. The 'glitch' is that owing to my lower income, and our adverse credit history, I have as yet been unable to take his name off the mortgage (ie remortgage in my own right)

I know people move house all the time and I can rent, but I am in this position because I gave up a decade to look after our four children whilst his career progressed and he is in a far superior position financially now. His impatience to buy is over-riding what is right for the children in my opinion.

OP posts:
Theunamedcat · 17/08/2021 13:44

Could you move to a cheaper area?

Seasonschange · 17/08/2021 14:00

It’s terrible advice because if the courts force the sale you might find it being sold at an auction for a crap price. A delaying tactic could be putting house on the market at a very high valuation. Then if you did happen to get an offer you could maybe afford to move? Or if you didn’t then you can at least show you’re trying to move…

It sounds like you got a really rough deal on %of equity given you are housing al the children and are a lower earner. I’m sorry.

You can try to appeal to his kinder nature but i think you need to come up with a plan B.

GettingItOutThere · 17/08/2021 14:11

put it on the market at an inflated price?

move to another 3 bed ina different area?
nothing else you can do except raise a mortgage or sell it. He has been waiting 2 years i actually agree with him

NotMyCat · 17/08/2021 14:26

It's not cheap hut you pay at completion
Try simply adverse, they're a broker. If anyone can get you a mortgage, it will be them. They've just completed my complex remortgage, removing my parents and finding me a new one with a bad credit history

memberofthewedding · 17/08/2021 14:28

I am in this position because I gave up a decade to look after our four children whilst his career progressed and he is in a far superior position financially now. His impatience to buy is over-riding what is right for the children in my opinion

This is something which the judge should take in mind when /if it goes back to court. Seems like the best interests of the children and what you put into the marriage/partnership are being glossed over.

vivainsomnia · 17/08/2021 14:28

There are only two options. You do manage to find a mortgage provider who will approve you, or you sell. The only other option would be a family member buying with you?

Is it tht you've been turned down based on your income, or the issue with the 6 months break? If the former, how short are you? Could you take a weekend job when the kids are with their dad?

ThisIsStartingToBoreMe · 17/08/2021 14:34

So you basically bought him out but didn't put the mortgage into your sole name when you did so is that right?

Why did you do that?

Original poster
NastyPastie · 17/08/2021 14:38

Because I was unemployed. I bought him out, but couldn't alter the mortgage.

OP posts:
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