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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.

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Ex wants to force me to sell

58 replies

WAAAM · 20/02/2022 20:54

I've split with my partner. We were not married. We have 2 kids of which I am the primary carer. He sees one child up 2 twice per the week and the other not at all. He took me to court re custody of the kids but due to his abusive behaviour one child does not have to have any contact.
He says he's going to take me to court to sell the family home. We have a joint mortgage. He rents elsewhere and I live in the house. I own it 75%, him 25% on the deeds. He was removed from the house by social services at the time. I pay all the mortgage and bills and he refuses to pay any CM. It has been over 2 years. I earn very little so cannot remortgage for larger to pay him off. I have however offered him a decent amount which isn't 25% but almost 20%. And willing to never chase for CM despite him earning good money but self employed! I cannot get more. If he takes me to court is it likely I would be forced to sell or would I stay until kids 18 as I am main carer and can afford all the mortgage? Thank you

OP posts:
Embracelife · 27/02/2022 20:47

130k is totally equity? He is only entitled to 25% oc that
Or that is 20% of total equity? Inwhich case you have substantial equity yourself
If tol 18
You only covering a few years in any case

WAAAM · 28/02/2022 08:29

130k is roughly the value of the house, less the mortgage and then 25%. Our mortgage is small. I owe him roughly £120-130k.
Might add that he only lived here for 2 years so only ever contributed 2 years of mortgage. The previous 12, years I owned the (previous) houses and I paid.

OP posts:
SeaToSki · 28/02/2022 08:39

I have no idea if this would help, but could you go down the route that he coerced/abused you into giving him more than his share of the property. If his share had been the exact proportion of the money he put into it, what percentage would he be due?

Embracelife · 28/02/2022 12:41

@WAAAM

130k is roughly the value of the house, less the mortgage and then 25%. Our mortgage is small. I owe him roughly £120-130k. Might add that he only lived here for 2 years so only ever contributed 2 years of mortgage. The previous 12, years I owned the (previous) houses and I paid.
You need to speak to a tolata,expert. Do you mean total value 630k?? So you added him to mortgage two years ago? Or? Arexyou tenants in common?
Embracelife · 28/02/2022 12:57

You could do a combination ed tolata/children's act case to argue to stay
But legal costs will go up
So trying mediation first will be cheaper

LargeProsecco · 28/02/2022 14:42

Or you can ask a TOLATA barrister to give you an opinion on how things will go in court rather than spending money on lawyers letters back & forth.

Then you can decide if mediation or court is the way to go.

Happyday1 · 06/02/2023 20:58

Hi, I'm wondering if anyone can give me some advise or share their experience on an ex taking a mother to court over the family home? I have two young children with little support. My ex was removed from our home by court for controlling and coercive abuse. I have no way of buying him out, rent is unaffordable and I am unable to get a mortgage on my own.
Has anyone on here been through a similar situation and what was the outcome?

salcombebabe · 07/02/2023 06:06

Happyday1 · 06/02/2023 20:58

Hi, I'm wondering if anyone can give me some advise or share their experience on an ex taking a mother to court over the family home? I have two young children with little support. My ex was removed from our home by court for controlling and coercive abuse. I have no way of buying him out, rent is unaffordable and I am unable to get a mortgage on my own.
Has anyone on here been through a similar situation and what was the outcome?

Happyday1, you’ll get more advice if you start your own thread as this one is virtually a year old!

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