Force house sale

[Whoknows11]

My ex is taking me to court to force sale of our jointly owned house.

Separated 8 years, I've lived in house with our 2 young primary age children in house and paid the mortgage by myself. I'm primary carer, ex works away (in the forces).

House was only bought 3 years before we separated.

My part time salary isn't enough for me to take on mortgage by myself.

Does anyone have any experience of this and wonder what the outcome will be?

@Whoknows11

My ex is taking me to court to force sale of our jointly owned house.

Separated 8 years, I've lived in house with our 2 young primary age children in house and paid the mortgage by myself. I'm primary carer, ex works away (in the forces).

House was only bought 3 years before we separated.

My part time salary isn't enough for me to take on mortgage by myself.

Does anyone have any experience of this and wonder what the outcome will be?

Generally speaking a clean break is preferred and the courts will try and achieve that if it is at all possible. There are quite a few potential outcomes here with the limited information provided.

1. Assuming you have sufficient mortgage capacity for a different suitable property.

There's now a full 11 years paid on the mortgage and the market has risen by about 35% in the past decade so there must be a decent amount of equity. If so, it might be determined that you can now sell, get your percentage and downsize to something suitable. That's either a two or three bedroom house. Perhaps you'll need slightly more than half the equity to achieve this (e.g. 60/40 or 70/30) and a court might order that to get the clean break.

2. Assuming children are nearly secondary age.

The children can't be that young if you've been separated for 8 years. I'm guessing ages 9-11? Your part time salary might not be enough to cover the mortgage now but when your youngest is in secondary education you'll be expected to work full time and your income could be imputed accordingly. So potentially it might be agreed to make sense for you to stay in the house until the youngest is 11 and then sell. So a Mesher Order for the next 2-3 years and depending on your imputed full time earnings and future mortgage capacities a reasonable charge for your ex.

3. Neither option 1 or 2 is realistic.

Potentially a Mesher Order until the children are 18. The courts don't tend to like them though and will only use them as a last resort. You'll also store up problems for yourself in the future if prices rise faster than incomes when you have to buy him out. I also suspect it's unlikely a court would allow a Mesher Order to go on for so long these days. He'd lose access to his money for 17 years or so which is a very long time.

Also, Mesher Orders will come with all kinds of conditions attached triggering a sale such as non-payment of mortgage or co-habiting. Also, if he goes bankrupt, your house could be foreclosed anyway. Like I said, it's not a great option if you want security.

Thank you for your reply, my youngest is 7! So 5 years off secondary school.

With 80% equity I could afford somewhere suitable. Any less then we'd have to move out of area, to a more affordable area, schools etc would all have to change.

@Whoknows11

Thank you for your reply, my youngest is 7! So 5 years off secondary school.

With 80% equity I could afford somewhere suitable. Any less then we'd have to move out of area, to a more affordable area, schools etc would all have to change.

So you've been separated for 8 years and the youngest is only 7? Okay, well, potentially a four year Mesher then. You probably won't get 80% of the house equity, not unless you have something to offset in his favour (a pension maybe? Might be a good one if he's in the military). In which case a Mesher on a short term basis until you can earn more when your youngest is in secondary school might be the most appropriate.

Or alternatively the court could tell you that you can move to a more affordable area.

Bit of a lottery going to court really. Which is why Family solicitors tend to try and encourage their clients to avoid it so the couple stays in some control of the outcome. You might find you both get an outcome you don't like.

Yes we separated before our youngest was born!

For what it's worth I want the house sold and I want to buy my own place but I would like something which is suitable for 2 growing children, especially as they are used to having their own room, garden etc.

I'm self representing as I have no mo et and don't wish to get into debt.

His solicitor says I'm not negotiating. My ex offered a very small amount, I agreed and then solicitors got involved and he's gone back on that saying it was never agreed.

Are you married?

No not married

Please see a solicitor and find out what you are entitled to.

Look up equitable accounting rules - you can claim an added share of the equity if you have paid the mortgage yourself. If you have paid for any improvements you can claim from the equity for those too. was it a joint mortgage? Get statements from your bank showing you have paid the mortgage yourself.Also be aware of previous cases-involving property and unmarried couples. Stack v dowden 2007 and Jones v kernott.

Of your not married that changes the answer
The house ownership depends on if you hold it as joint tenants 50:50 or tenants in common with different shares
To get anything other than this you’d be looking at schedule 1 of children act and tolata as I understand. But you could find he’s legally entitled to 50% of equity ….. you need legal advice !

And despite you paying mortgage he may still be entitled to 50% ( or his share if held in different %) as you e had exclusive use of the property, owe him ‘rent’ on his share and he’s had to pay to live elsewhere rather than benefit from use of the house.
Hence you need a solicitor!

I just knew this was going to be a not married and unprotected situation. Is he at least paying child maintenance?

If he's not paid his share of the mortgage for 7 plus years how can I then owe him rent?

Yes he pays maintenance but only the min legal required.

Sadly I can't afford a solicitor and will not put myself in debt.

I don’t mean you physically owe him cash rent now ….. but by having exclusive use you are paying your part plus ‘ rent ‘ to him as he cannot use it
Hence the fact you have laid the mortgage is irrelevant to how much you’re entitled to - it’s based on the deeds and how the house is owned

Unlike marriage you do t have other protections
Hence you need advice as to argue for higher share or continued use of property and deferred se you’d have to apply under the childrens act and tolata which can be more costly and more complicated

I reiterate other PPs recommendations to
get yourself a solicitor even if it means getting into dept. Sorry OP.

@Whoknows11

If he's not paid his share of the mortgage for 7 plus years how can I then owe him rent?

Yes he pays maintenance but only the min legal required.

Sadly I can't afford a solicitor and will not put myself in debt.

Because he owns half the house. Who paid the mortgage is irrelevant because the mortgage is in the names of both of you. Also, you're using his mortgage capacity.

@futureExh but it's our childrens' home. Is that not relevant?

During the time since you split, the house could have risen in value - since 2011, the average house price has increased by 4.3% ever year - that’s a massive increase over 8 years. The money you’ve paid out in a mortgage is, in effect, a method of saving. He, meanwhile, would have had to pay more to rent a similar property in the same area as rents are far higher than mortgages, and at the same time, would most likely have not been able to get a mortgage for himself due to being on your joint mortgage. You have had the benefit of him still being on the mortgage for 8 years without having to seek a mortgage in your own name.
As you are not married, he would have been well within his legal rights to sell the house as soon as you split. You chose to work part time, the vast majority of mothers work full time.
Your decision to not appoint a lawyer may well come to bite you on the bum - unfortunately, you’re in a very tricky position due to not being married, and now may well have to compromise in order to move forward. At a minimum you need some actual legal advice.

[quote Whoknows11]@futureExh but it's our childrens' home. Is that not relevant? [/quote]
The courts would expect that both parents should be able to provide a home for their children.

He lives in military housing which is heavily subsidised.

So worst senario I get 50% equity, can't afford to buy anywhere local and move to somewhere more affordable?

I disagree that a vast majority of mothers of primary school children work full time and certainly not single mothers.

My friend was in this situation. She was made to sell and split equity 50/50. She had to rent.

Not married means minimal rights. He's been relatively good to let you stay in the house for so long.

So worst senario I get 50% equity, can't afford to buy anywhere local and move to somewhere more affordable?
Yes, which isn't that bad really. I understand your frustration, but you can't keep the whole house for the next eleven years. You've done well to be still living in the house after eight years.

They might be used to their own rooms and a garden but things change and children are very adaptable.

Ideally I don't want to stay in our house, I'd like a clean break but have enough share of equity to buy local and not disrupt schools etc

[quote Whoknows11]@futureExh but it's our childrens' home. Is that not relevant? [/quote]
"The children need a suitable place to live" is relevant. "This is the children's home" is emotive and not relevant. What do I mean by that?

Your ex absolutely might have to let you have more of the equity either forever or through a deferred charge to house the children under the Children's Act 1989. However, it won't necessarily be in the house you're living in now. It will be in a suitable house, possibly one that is cheaper. The children will probably also be considered young enough to move schools without major disruption - they're not doing GCSEs yet and moving schools at their age is not uncommon.

The fact you're unmarried complicates matters further. I don't really know much about that and you'd need to speak to a solicitor.

I’m sorry but single mothers do have to work full time if they want to provide fir their children. Courts expect you to maximise your earnings ( whether married or not)
The alternative is benefits ….

See a solicitor! But courts can and do force a sake where it is not afford to keep

OP, rather than going down the solicitors route, would you consider a direct access barrister's opinion & use this as a starting point to negotiating with your ex?

I did similar (in Scotland) & it saved me money on lawyers letters. Cost about £500 so I knew exactly where I stood & what would have been awarded in court.

In the end, he bought me out & kept the house, whilst I downsized with DC to a flat in the same area.

And he pays me maintenance which helped me get a mortgage to buy locally (some lenders will accept it as income).