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Legal matters

Family home, ex husband wants to sell

34 replies

Joy5 · 15/04/2012 16:11

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.

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Maryolwen123 · 31/05/2017 14:36

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Maryolwen123 · 31/05/2017 14:39

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nadine21pink · 28/03/2018 08:14

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?

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prh47bridge · 28/03/2018 21:49

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.

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Kamilakozera · 23/03/2019 16:52

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

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RedHelenB · 24/03/2019 18:43

How much equity is there in the house?

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Singlenotsingle · 02/04/2019 18:31

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

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Singlenotsingle · 02/04/2019 18:31

That applies to kamila as well.

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Singlenotsingle · 02/04/2019 18:56

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.

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