Long post incoming:
My step brother and his partner split at the beginning of the year. They have x2 children and jointly owned their property.
He put down 50k deposit (inheritance and his savings) she contributed nothing and he has always paid the mortgage in full. She worked pt and covered some bills etc while they were together, when he moved out he continued to pay mortgage and bills for a couple of months however had recently taken bills out of his name.
She made a cms claim and he now pays that along with half the mortgage as she can now afford half mortgage payments with his cms payments. Well she’s sent him one payment so far lol.
She has made claims of DV against him taken out an NMO and occupational order however the occupational order was revoked at the court hearing.
He initiated mediation she failed to attend a few times then finally attended one session via video call on her own and mediator has told him she won’t cooperate and that she wants to stay in the house until the kids are 18.
He’s currently in his mums box room paying rent and bills there now. Has the children every other weekend for 2 nights. She originally wanted him to have them every weekend plus school holidays or for him to pay for childcare.
As the mediation has failed he now wants to pursue a force of sale tolata. She definitely wouldn’t be able to afford the full mortgage payment or wouldn’t be able to buy him out.
The house is 4 bedrooms and they have 2 DS
What’s the likely hood of the tolata claim going his way? All he wants is to sell up, split the profit with her and move on with his life but she is making it so difficult. He loves his kids and obviously doesn’t want to uproot them but he is struggling mentally and financially.
I’ve read that the courts take the children’s needs as priority in a force of sale which is understandable of course but what do they do in situations when either party cannot afford to continue with the current situation it’s a large mortgage.
He had the house valued a while back and they should end up with about 30/40K each in equity. Surely this would be enough for her to find alternative accommodation for herself and the kids and set up somewhere new.
When he suggested this to her before she went mad and said I won’t be able to get back on the property ladder but wouldn’t the court see renting as sufficient accommodation for the children? Surely as long as the home has love it doesn’t matter if it’s owned or rented 🙄
I feel so sorry for my step brother he is just in a mess every day he anxious and broken about what has happened and it seems like all she wants is to take him for everything he’s got (which isn’t a lot) both mentally and financially.
has anyone else experienced anything like this?