Divorce - threat of homelessness

[MrsChumleyWarner]

We went to court for financial resolution the court ruled the family home has to be sold immediately. I have a 14 year old and a 17 year old. Advice/help please. I am on benefits and have some health conditions which affect the kind of work I can do. Main problem being weakness down one side of my body and arthritis in my joints. We can sleep at relatives if it comes to it but we will be basically homeless. When the house is sold I will have about 50k.

My mind is in turmoil and advice would be greatful received.

I am going to repeat myself - but please get a check with the UC helpline, Citizen's Advice or some other welfare advisor. As I really do think that there is a time/amount that is disregarded if it has come from the sale of a former matrimonial home.
If anyone wants to clarify 100% that that does NOT happen, then I will not say it again.

Bit I do think it is worth checking.

Thanks @LoveMyPiano I have tried to get advice but it seems nothing can be actioned until there is an offer on the house. My applications for shared housing has been rejected because of this. The lady I spoke to said applications are only live for 10 days!

I have applied to property pool but it hasn't been approved yet. I think I need to send proof on address, NI number and benefits but it doesn't say where to. Wherever I find an email address it says not to send proof there. I will give them a ring in the morning.

Well, we can't assume that entirely. The house being sold must have been the only way to house both parties as otherwise as a Mesher Order might have been an option to the judge, bearing in mind it would only have been required for four years.

It's a rubbish situation but it says more about the UK's housing crisis than anything about the people divorcing.

I’m not saying the house ultimately didn’t need to be sold. It most likely did

but to force it at such speed when op has health issues, when the ages of children means they’re at crucial educational times, when he is akready housed, and with complete lack of care for where his children will live, frankly makes him a dick

Again, not necessarily. If the OP is on benefits then perhaps she can't afford the mortgage on her own? If that's the case, her ex might be paying the mortgage and unable to rent a place of their own? It's a sad situation, but both parties need to be able to house themselves. Sometimes it seems on MN that men in this situation are expected to live in a cardboard box but that's not reasonable.

He is renting and is a high wage earner as is his partner. He is from a rich family and inherited recently. He hid pensions, lied about debts and couldn't disclose financial details for the company he opened last march as no accounts. He chose to move from an employed to self employed job.

He was angry at court and refused to negotiate.

Decision in court seems extraordinary if that was the case but without being armed with all the facts who knows.

It was the first hearing. I was advised it would be best to settle.

Okay, I don't know the full facts so I can't really comment further. On the face of it, it seems an odd outcome based on the facts you've presented but you would have been advised by someone fully qualified (I'm not) and in full possession on the facts.

I guess if I had to speculate, the argument could be made that there were not a lot of assets and you could easily spend all of it on legal fees if you fought it (in the process making it unaffordable to keep the FMH anyway but being £50k down).

Better - I get what you’re saying but you are v biased based on your own situation and ex! And while you have reason to be based on that not ever woman is a money grabbing cow out to shady their ex.
here is a guy who is already housed, can afford things and is rushing to sell with no thought or care for his own children’s stability or where they will live!

no one is saying op should keep the house, or expect ex to fund her indefinitely but to rush a move in these circumstances is poor form!

Thank you again @millymollymoomoo I wanted to stay till youngest was 18 (3 and a bit years) but he wouldn't hear of it.

The situation is what is is. He is settled and rushing the sale of the FMH. I trying to get info regarding housing options and this thread/site has helped a lot.

Probably best to let this thread die a death now.

Again thank you to everyone for the advice given.

You need to look for a rental property. Once your assets are below 16k you can apply for uc. You can apply for pip now as it's not means tested. Is is correct in that you need a clean break though. Speak to your local council housing team who may be able to tell you of shared ownership schemes nearby

Have you checked what mortgage you could get on your income + maintenance? How does that compare to house prices in your area?

I can't get a mortgage as there is a lot of marital debt.

I am seeing a counsellor on Tuesday she is going through housing options with me.

I'm not biased; I'm picking up on the fact that it is a very odd outcome based on the information available and that some critical piece of data must be missing.

Consider the facts we know. High earner settled in another house. Children only three years away from finishing secondary education. Not much equity. Resident parent on benefits. Mesher Orders are rare but this is almost text book for a law student!

So what I'm saying is OP's own legal team must have information that we don't for them to advise to accept this outcome in the first hearing. My ex-wife's claim to a Mesher Order was a lot weaker based on the facts I'm aware of here but her team pushed her to keep fighting for it. I mean, yes, in the end my ex-wife settled on a Mesher Order for only two years, but nevertheless...

So I'm wary of criticising the OP's ex because I think there is something material to this case that I don't know.

its not likely the court would have ordered it sold so quickly though unless there was good reason. While of course the ops situation must be awful, there is likely more going on here than the court suddenly ordering the house sold out of the blue.

If you can’t get a mortgage you will need to move to rented. It’s not ideal but millions of families do live happily in rented accommodation. I have in the past and your ex does currently. You have some money to get you started. Have a look for rented accommodation and get somewhere for you and your kids to live.

it’s worth looking at shared ownership but it may not be ideal for you because you usually have to pay maintain the property even though you don’t own it. Less than 50k is also not much for a share as you can’t get a mortgage.

definitely also put yourself on the list for a council house but be aware that stock is low. The most likely outcome is you will have to privately rent like your ex. It’s not difficult- look on Rightmove to get somewhere. Depending where you are in the country if you can find a decent property and landlord it can be a good option and is more flexible than shared ownership (so you can easily downsize when needed etc). You’re not homeless- you just need to move

Are there jobs you can manage? Call centre or something not too physical?
A bit more income will help a bit.

Get your name on the council housing list, if you live near the border of your council area, get your name on the next council's list as well. Decorating & carpeting will use some of your £50k, it will soon go down. Could you rent an air bnb short term as a stop gap?

If he is a high earner I'm assuming you get a decent amount of child maintenance from him?

Sounds bizarre he has pensions, inheritance etc but only 100k in the family home. Have they maybe said to accept as there isn't as much finances as you'd Expect?