Family home, ex husband wants to sell

[Joy5]

Would anyone be able to give me some advice.

I separated from my husband 6 months ago, and remain in the family home with our 2 sons both of own are in FT education.

I received an email from my husband this weekend saying he is going to put the family home up for sale, and he wants me and our 2 sons to move into rented accommodation.

Can he legally do this?

We started mediation a few weeks ago, and he has given every impression there that he would carry on paying the mortgage and allow us to live in the family home whilst out sons are in FT education.

[Singlenotsingle]

He can't sell it without your agreement. He's being silly. You don't have to move into rented just because he says so. Having said that, if there isn't enough equity, and your income isn't sufficient to pay the mortgage, you won't be able to stay long term anyway. The house would be repossessed by the lender. Suggest you apply to go on the council housing list so that when the time comes, they'll look at rehousing you. But don't leave voluntarily.

[Singlenotsingle]

That applies to kamila as well.

[Singlenotsingle]

Start your own thread nadine. People can't be expected to advise on 2 problems at the same time.

[RedHelenB]

How much equity is there in the house?

[Kamilakozera]

Hi. I have divorced my ex last year June 2018. We had an agreement regarding our family home that is on a joint mortgage. I supposed to give him 5k and he will take his name off the mortgage. At the moment he is asking for 10k. I don't agree with it as for past 3 years I have been paying mortgage on my own as well as the home insurance. I have recently done some decorating (painting, new carpets) and he said that I added more value to the property. At the moment I want us to go to mediation and if this doesn't work I want us to go to the court. I don't think it's fair that I am raising his children age 8 and 13 and he is asking for 10k or selling the house and dividing equity 50:50, I want to keep the house and I already have the certificate from hsbc that I can get the mortgage but I think 10k it's to much. Has any of you ever deal with similar situation? Thank you

[prh47bridge]

You would be better starting your own thread. However, you need to take proper legal advice and get the financial settlement for your divorce sorted out. That is by far the best way to resolve this situation.

[nadine21pink]

I have been divorced about a year now and we never finalised our finances however we came up with an agreement that I would continue to pay the mortgage whilst living in it with our son and he would pay the existing loan on the house which is finished in 4 years time he had the agreement written up by his solicitor and I now have this in writing he has now gone back on this agreement and says he wants the house sold, our son is only 14 and in full time education. I have been left with the costs of running the house all the other debts incurred during our marriage also a dog which is another mouth to feed, I get maintenance each week for our son, but no contribution towards any of the other debts, is it wrong for him to pay the loan when he no longer lives in the house even though I am paying the mortgage which is more than the loan and I am also on a lower salary than he is, I think he wants me to take on all the debt so that he can walk away debt free, the house was originally mine when we met, it was my grandfather and grandmothers before that my mum lives next door and helps out with my son I have neighbours that I have known for years so it wasn't just our marital home its a family home, if the loan is finished in four years are we able to stay in it till my son goes to university because by then the loan on the house will be over and I can get the mortgage in my name at the moment I cant do anything while we have a loan against the house, what other options do I have?

[iheartdusty]

yes - just to clarify -of course the Children Act 1989 applies to all parents, married or not (and is not limited to parents but also relevant to significant people in the child's life eg grandparents and more). It is the one key bit of law to do with contact, residence, change of name, etc etc.

But Schedule 1 of the Children Act 1989 - which is the part to do with financial provision for the benefit of a child - can't generally add anything to a dispute about financial arrangements on a divorce.
This is because all the factors that might justify payments for the benefit of a child would already be taken into account under the law relating to divorce; specifically the Matrimonial Causes Act 1973 section 25.

Just as babybarrister said.

[sneezecakesmum]

OK. Just though Iheart was saying it is irrelevant unless you are unmarried.

[sneezecakesmum]

The childrens Act 1989 is for all parents

"The Children Act 1989 aims to encourage parents to agree about the child?s welfare in the event of separation or divorce by providing for the continuation of parental responsibility for divorced parents....."

How can it not add to the OPs situation as she has children?

[Ray75]

I have been through all this and although as said above you must get legal advice I can at least tell you that whilst the divorce is going through you can remain in the house. Once divorce happens you could remain in the house but would have to show you can offord to pay it (he would have to leave his equity in it until your youngest is of age) I am afraid today that the ex husband is not expected to pay the mortgage on the family home and pay to live else where himself he just pays maintenance to you for the children. You also dont get housing benefit assisatance with a mortgage as they wont pay Interest, hence why renting sometimes becomes a more viable option.
Sorry this is probably not what you want to here, the law now supports men being able to have a quality of life and provide a 2nd home for thier children and are not responsible for you financially only their children. In somecases people go for spousal maintenance but my Lawyer told me this is really hard to get and in fact in all his years of practice he has only seen it awarded twice, 1st case was because the child had disabilities and needed full time care so the Mother could not work and 2nd case was of a woman in her 50's whom had always been a housewife and was deemed unreasonalble for her to start a career at that point in life.

[iheartdusty]

The Children Act won't really add anything to your situation, because you are married. Any financial ins and outs could just as well be looked at within the divorce finances. The Children Act really comes into its own for financial disputes between non-married parents.

[sneezecakesmum]

I think what the OP wants is just some pointers about her rights in general, such as
'at what age do courts generally accept childhood ends (18 if in FT education)'
'how does the childrens act work in relation to my situation?'
childrens act info
'How can I afford a solicitor if I am unable to get legal aid?' - Some solicitors will accept a direct debit throughout the case if there is an expectation of funds, eg equity through sale of house.
etc......

Obviously some information is duff but at least she gets an idea of the issues and knows where to research.

Its reasonable to see a solicitor with a list of questions and ask for clarification on issues you have at least researched and how they affect you. Talking to professionals can be very overwhelming and confusing. I would never dream of seeing a hospital consultant regarding an illness unless I had thoroughly researched my options....what is it they say? you only take in a quarter of the information given to you!

[Collaborate]

But beware the free half hour if you plan to go to multiple firms and get a snippet of advice from each as your case runs on. The purpose of the free half hour is that you get to know your lawyer and they you. If you have confidence in them and want to instruct them at cost, you can go ahead and do so. If you just don't click with them you haven't lost anything. The free half hour isn't a constitutional right. There's not much in the way of useful advice that anyone can get out of that half hour.

[prh47bridge]

Many solicitors will give you an initial half hour consultation free of charge.

[Joy5]

Thanks for you input collaborate, but it is life changing, expecially for my youngest son moved away from his school and friends, but unfortunately although i'm on a low income i'm not eligible for legal aid. I've paid for a mediation session in the last month at £200, and unfortunately my husband decided to email me his change of plans after this session. I won't be able to afford to see a solicitor for advice until i get paid again in a few weeks.
I posted hoping someone who has been in a similar situation, could share their experience with me.

[Collaborate]

You shouldn't be basing life changing decisions on advice you receive on message boards. See a Resolution solicitor www.resolution.org.uk/join_us/.

[Joy5]

I'm unable to pay the mortgage, it is almost double my salary. I spoke to the buildng society yesterday about taking over the mortgage using maintenance i will be awarded, but its just not possible.

Is using the children act a feasibile option? I've not heard of using it before. My husband has threatened bankcruptcy also, but i'm not sure how big the threat is.

I would like to stay in the current family home at least until my youngest leaves school, but preferably until he finishes his A levels.

That would give me a breathing space to find a ft job, and maybe get my own mortgage or somehow manage to obtain a council or housing association house for us to live in. All three seem impossible right now, but i will try my hardest to make one of them happen, just as long as we can stay in the family home for the next few years.

[Collaborate]

angrywoman I assume your property is in joint names. If that is the case, your half interest in the property cannot be compromised by your ex's bankruptcy. You should be applying under the children act for the property to be put in trust until the youngest finishes secondary or tertiary education. A trust would give you protection against bankruptcy, but be careful if he's already insolvent.