namechangedregularneedsurgenta ·
02/09/2013 12:47
Hi everyone, I've posted about this before but have name changed in case someone I know (ex mainly) sees this...
Very briefly, ex partner and I (never married) jointly own a property. He moved out over 2 years ago and has lived elsewhere since. It has been empty for roughly a year (I could no longer live there/afford the full mortgage payments myself) and the mortgage hasn't been paid for that long. I've tried to sell it and he has refused to discuss selling, refused mediation to resolve it and ignored 5/6 solicitors letters trying to communicate. He basically abandoned it and dumped me with it but I could not afford to pay the mortgage.
I applied to Court to obtain an order of sale but was told the Court are booked up so had to wait months for the hearing date (not for a couple of months yet). In the meantime I've spent what money I do have redecorating and doing repairs so it achieves the best sale price.
Since then repossession has started and the hearing for repossession is now TOMORROW! Ex has said he wants to move in and as far as i am aware (haven't been able to drive to the property today) he has moved in there this weekend (2-3 days before the repossession hearing. He told me he has been advised that as the children have 50:50 residency with us both (shared residency order in place) the Children's Act will cover him and he will be able to live there and i won't be able to sell it / the bank won't be able to repossess now he has the money to pay the monthly mortgage.
This man is financially controlling and in lots of debt. He dragged me down with him for years and I am only just gaining independence from him. I feel sick at the thought of being stuck on a mortgage with him just so he gets to live somewhere he couldn't have afforded to buy alone/rent. The bank have said if this happened they would still obtain a repossession order (suspended) and repossess if he fails any payments. I can't live with the monthly worry of this hanging over me.
I have since had an offer on the property for the full mortgage value. The buyers have their mortgage agreed and there is no chain, they want to buy immediately. We can both be free from the financial tie to each other. I have called the bank and they have accepted the offer and they have said they will be asking (tomorrow at Court) the Judge to order a 56 day suspended repossession order for me to have time to complete the sale. They have the offer in writing from the buyers and they are happy with it. The bank have confirmed they have received no payment of offer of payment plan to pay mortgage / arrears from my ex to date.
So, can anyone give me advice for tomorrow. I have no solicitor so will be representing myself.
Does anyone know this area of law? A property empty for so long, ignored by one owner, now one wants to sell the other live there - who's wishes / needs trumps who? i can prove / document all my attempts to resolve it and I am so angry/upset that he has let me spend all the money trying to sort it (mediation, solicitors fees, Court application costs, plus renovations/repairs) and now jumps in there. It's like a final kick in the face from him.
He's moved in there 2 days before the hearing to try and claim it's the children's home and avoid repossession and any chance of me getting it sold. Will the fact he's moved in there with no communication with the bank or payments go against him? It just seems a really desperate and irresponsible thing to do. We have exactly 50/50 residency, so they'd never be homeless as they have a home with me. Plus he works full time with a good wage so he could easily afford to rent privately.
I would love any offers of help or advice, I'm at my wits end and just don't know how to present my case and or what is and isn't relevant to the Court.