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Original poster

well off to court for him to force the sale of the house

56 replies

Happylander · 20/07/2012 20:35

Well my ex has been threatening to do this and I have finally had a solicitors letter stating that I have 28 days to reply to say that I can get mortgage in my own name (I can't) or that I have found someone to come on the mortgage with me (I haven't) or that I have put the house up for sale (no I haven't).

He does not pay anything towards it, did not contribute any deposit and has left me with debts. His sole reason for forcing this sale is because he does not want his name on it. I don't want him on it. He is nightmare with money but I can't do anything about it right now and I don't want to sell this house it used to be my Nan's.

The best part though is his solicitor tells me I have to pay him rent because 'you continue to live in the property to his exclusion' he left this house to go be with OW!!!

Can I seriously be expected to pay him rent?? Is he going to win??

I have been crying all day about this.

OP posts:
cestlavielife · 20/07/2012 21:29

"occupational rent " covering the mortgage . Doesn't sound like there is an easy way out tho if you can't take over the mortgage on your own .
But maybe something Nader schedule 1 children's act. ?

Original poster
Happylander · 20/07/2012 22:18

I still don't understand as he doesn't pay any of the mortgage I pay it all. Why Ido have to pay money to him? I don't have any left after bills etc anyway so he will have to take me to court to get me to pay rent to him. He refuses to tell me how much this is likely to be and I am worried sick.

My solicitor told me he would be unsuccessful under section 1 of the children's act but he is very sure that he will have us thrown out and so is his solicitor. I don't have any more money to pay for solicitors to pass letters back and forth until it goes to court. I am going to try and save enough to just get a one on the day.

I am due compensation but I have no idea when that is likely to be but my ex is refusing to wait.

OP posts:
Original poster
Happylander · 20/07/2012 22:20

He only left me 8 months ago and as soon as I start to feel better about everything he throws crap at me like this.

OP posts:
RandomMess · 20/07/2012 22:20

Hmm I thought he would have to ensure that the children are housed?

Is he paying you maintenance yet?

STIDW · 20/07/2012 22:22

You are paying his share of the mortgage in lieu of occupational rent ???

Original poster
Happylander · 20/07/2012 22:30

The solicitors letter said I had to pay him rent.

'I have advised Mr Twatface to make an application to the court for a sale of the property under the Trusts of Land and Appointment of Trustee's Act 1996 and that he would achieve and order for sale. If he made such and application he would also be seeing an order that you pay him occupational rent by virtue of the fact you continue to live in the property to his exclusion'

He also only owns 18% of the property according to the Deeds of Trust.

He pays me what the CSA states which doesn't even cover the loan I have been left to pay.

OP posts:
Original poster
Happylander · 20/07/2012 22:36

Sorry many typos but I am devastated by all this and have a big fat headache from crying all day.

OP posts:
Original poster
Happylander · 20/07/2012 22:37

I will also have to pay all his solicitors and court costs when he wins.

OP posts:
RandomMess · 20/07/2012 22:47

Whose name is the loan in?

If it's joint names it's 50% his!

Get some debt advice from CAP - they are free and are a charity, you should be able to negotiate down on the debt repayment.

Have you spoken to the mortgage company about going interest only, extending the term etc etc?

RandomMess · 20/07/2012 22:54

I take it that you weren't married, if you were then actually the debt would still be a debt of the marriage...

Original poster
Happylander · 20/07/2012 22:57

He signed a Deeds of Trust form when we bought the house that he is only entitled to 18% should we split. Loan is in both our names but he hasn't paid any of the mortgage since Jan.

Mortgage company won't give me a mortgage in my own so makes no difference whether it is interest only plus I am paying the full amount each month anyway so not sure how interest only would benefit me. I am paying the debt he left me with and don't need to negotiate down. Paying the mortgage and the debt is not the problem being forced to sell my house and paying him rent is the issue.

OP posts:
cestlavielife · 20/07/2012 23:09

What mortgage could you get is the question you would need to answer
Would sale of house give you enough equity to buy somewhere else with your own mortgage ?
Would you need his share in trust for the child in order to get suitable house ?

Could you sell and be able to get some where with the proceeds or with yours and his share ? Would you be able to house you and ds ?

This is what court would want to know

The problem theses days is the mortgage bit because of the strict criteria so although you have been paying they won't accept you on your own if salary isn't big enough... Unless you can get a guarantor ?

But try a mortgage broker ?

cestlavielife · 20/07/2012 23:17

I understood that given you paying the mortgage and this is benefitting him to the extent f his share then he can't claim much additional rent if any. Surely only 18 per cent if anything but I nderstand that in practice if th occupying person pays all the mortgage this counts as occupational rent? So the idea of him getting sme payment from you sounds wrong....

Original poster
Happylander · 20/07/2012 23:21

Tried and failed with getting mortgage in my own name. I wouldn't be able to get a mortgage for anything other than a one bed flat around these parts. Plus I doubt I would even get a mortgage then to be honest. There will be no proceeds after the sale as there is no equity in the property only the deposit that I have to return to my mum on the sale of this property.

I could at a big push get a mortgage for £100,000 but I doubt that as I have loans to pay. I would actually only be able to rent a one bed flat too on my salary.

Mortgage company won't accept guarantor and I have no one who would do that anyway.

My compensation is likely to be about £50,000 I know it is over £25,000 so when I get it I will be able to buy him but I have no idea when that is going to be plus he wants an answer in 28 days or it is off to court.

There is no financial gain for anyone out of this sale and it will only increase my debts making it even unlikelier for me to get a mortgage.

He is in the Army so his accommodation is paid for at the moment and he is moving into rented accommodation with OW next month so all his needs are met and as I have stated previously he pays nothing towards the mortgage. Me I'll be out on the street with a 2 and half year old, a dog and not entitled to any benefits or housing. Not sure how that puts our sons welfare first but hey at least the ex will have a nice cosy home and no doubt he will try for custody again.

OP posts:
holidaysarenice · 20/07/2012 23:37

R u married?
Re the loan its in joint names ur sol will order him to pay half. Or talk to the company avout ur separation they shud chase him separately for his bit. Will give u some money for sols,

The court will not see u homeless, with a child. noing u r gettin comp that cud buy him out, may help. I wud try hard to get enuf together to see a sol even for one appt. Or ask on mumsnet if a sol can help xxx

olgaga · 21/07/2012 00:20

Please say if you are married or not, it makes such a huge difference in a case like this.

You have a solicitor, who seems reasonably confident. I can't see in the circumstances you describe that you should worry about the worst case scenario.

olgaga · 21/07/2012 00:21

I meant to say, before I posted - it doesn't matter too much about what his "solicitor seems to think" - a lot of this is tactics. Go in hard, maybe they'll throw in the towel... Just remember, that solicitor is acting for him.

Don't let it get to you.

OldLadyKnowsNothing · 21/07/2012 00:25

Solicitors can't order anyone to do anything, and I suspect the Op's ex's solicitor is following ex's instructions to be a bit scary. Even if it goes to court, given that Op anticipates being able to buy the ex out on receipt of her own compensation, I suspect the judge would tell him to fucking wait.

(And actually I don't think a judge would order Op to use her compo like that, and as there is a small child involved I don't think they'd order a sale either. But I am not any sort of expert.)

STIDW · 21/07/2012 01:13

If you weren't married the house can be ordered to be sold under property to law but a claim could be made under Schedule 1, Children Act 1989 so that his share of the property is put in trust and available to house your child during his dependency. IT's a complicated area of law and you need to speak to a solicitor.

Original poster
Happylander · 21/07/2012 08:27

Sorry we aren't married and loan was in my name as I got a better interest rate than him. I am gutted that I wasted my inheritance on this man and bailing him out with solicitors fees while he tried to get contact with his daughter that he left 6 months before I met him. Paid his debts, paid for everything in the house (furntiture etc) and now he is behaving like this. It is okay for him as I expect his well paid OW is paying his fees plus she is due a payout as she leaves the Army this month.

I am not sleeping at all just tried to get milk out of a cupboard and microwave it in the sink! LOL

OP posts:
RandomMess · 21/07/2012 09:29

Do you have a child together? How many children to you have in total?

The courts will look at where you are left if the house is forced to be sold ie where you could afford to live etc

Do you have it in writing that the equity in the house actually belongs to your Mum?

The advantage of going interest only on the mortgage is that it gives you more cash each month.

If you have a child together I would write back to his solicitor and ask your ex via him at what housing provisions is he going to make for his child as you will be homeless/in unsuitable accommodation if he forces sale through. Also put in that letter exactly who will get what out of the house - your money will get x amount, he will get y amount, you will not be able to get a mortgage etc and that you have joint debt in your name that you still have to repay.

I think you need some free legal advice on this exact issue, go to CAB rather than pay for solicitor again?

The courts don't like to see children made homeless in order to give one of the parents their share of the family home!

RandomMess · 21/07/2012 09:33

Also include in that letter (you don't have to pay a solicitor to write for you) that you will be able to pay him once the compensation comes through and as he is accommodated by the army why does he feel the need to make you (and children?) homeless to have that money now.

This will fill in the blanks for his solicitor and may change the legal advice he has been getting...

You need to be seen to be reasonable, that you too want a clean break, that you have good reason to believe that you can repay the money within a relatively short time scale etc.

Also you could put the house on the market at unreasonable high price, or just refuse all offers to win you some time until the compensation comes through...

RandomMess · 21/07/2012 09:40

Can I just add, he is a complete TWUNT!!!!

You need to get the house independently valued as and 18% share is worth what?

18% of what people are prepared to pay.

Get the estate agents in, ask for 3 written valuations of what they would suggest you put it on the market for and what they think it will sell for. Ask all would be buyers to put their best and final offer in writing etc.

I don't think his 18% will be as much as he thinks it is, plus surely how much is 18% of the rent likely to be - £20 per week????? I would write and ask him how much he thinks it is?

Offer him to move back in, that you are not refusing to let him live there Grin - it's not like he'll take you up on the offer!

Also if you paid the mortgage interest only for a while then it would free up so cash to pay him his "rent".

Good luck, like I said you don't need a solicitor to write and send letter to his, you can write to his solicitor direct. Write and say you are getting valuations and you will be back in touch when you get them etc, ask his solicitor how you calculate the rent value of the property...

Tell his solicitor to not respond to your solicitor but to you direct, everytime his solicitor writes to you it will cost your ex money and you nothing. Once you know how they think the rent should be calculated so what 18% of that is - find out how much houses like yours cost to rent etc.

Sounds like ex wants to buy with OW hence needs name of mortgage and is doing every tactic to achieve this however unrealistic it is.

Original poster
Happylander · 21/07/2012 09:42

I have done all of that and my Ex knows that I will get him off the mortgage as soon as I can. There is no money in the house for him. He will get nothing from the selling of the house and in fact I will push that he pays half the debts back to my mum. He is not going to gain anything apart form his name off the mortgage.

We have one son aged 2 and a half. I have told his solicitor all of that plus told her that none of this is on the best interest of our child and is creating animosity between us again not something that is good for our child.

OP posts:
RandomMess · 21/07/2012 09:45

My SIL was in this situation, with her ExDH, what happened was that the house was signed over to her and somehow the mortgage too - or something legal was done about the mortgage being in his name, only reason she ultimately sold was because she couldn't afford the interest only mortgage...