Ex living in jointly owned property after separation...

[mumtobealloveragain]

I posted in depth about this before. My ex and I own a property, it's been empty for ages (former family home) and I've applied to Court for an order of sale to sell it as ex refused to communicate about it. There were huge mortgage arrears and it was going to be repossessed.

He has now moved into the property just a few weeks before my court hearing for the order of sale. Not sure if he's got a loan or someone gave him money but he's done it up, paid thousands of pounds off the arrears etc. He says he wants to live there long term.

I wanted it sold, as he is a financial mess and I don't think he can really afford it or trust him not to just move out and stop paying again. It's on interest only repayments and when interest rates rise (which I am told they will do in the next year or so) I don't think he can afford higher payments as he has a lot of debt.

Problem is, we have shared residency of our children, in a residency order. My solicitor has said now he is living there I am unlikely to be granted the order of sale as it is one of the children's (two) homes.

Ex seems to think he will live there and pay the mortgage and when he eventually sells it he will profit from it. Does anyone know if this is true?

I paid the deposit on the property originally (over 10K) and to be honest I'd rather sell it now but if I'm to be tied onto a mortgage with him long term I will have the constant worry he will ditch me with it again and I will have this problem of having the property empty, mortgage not being paid and him refusing to agree to sale all over again. I at least want to benefit from it as a long term investment.

I have offered him to buy me out but he has declined, he likes the control over me and I doubt he has the money to buy me out anyway.

Any advise how I can make the best of this rubbish situation and ensure I don't walk away with nothing in years to come.

let the court decide, is all you can do.

present your reaons for needing it sold.
if he can find way to buy you out then fair enough.

Thank you for your response.

The Court will only decide on whether or not it can be sold. I am not hopeful it can due to him now being resident "with" the children, but I will still try.

The bit I'm now thinking about it how to make the best out of it. I can't afford to pay my solicitor loads so representing myself and just want to ensure I can protect my "share" of the profit when it is sold, I'd also like to try and get my deposit money back if possible, from the profits once it is sold- even if that may not be for years and years.

Has anyone successfully obtained a Court Order to sell a jointly owned property when the other owner is living there with children? He can afford to live elsewhere so I'm not bothered morally as he won't be homeless.

Hi there,
I deal with this on a daily basis in my capacity as a McKenzie Friend dealing with child matters, divorce and finance. The early part of my career started in finance and I have dealt with everything from pre to post litigation.

I would suggest that if he refuses to communicate about this matter you will have no option but to go to court. There are a couple of options

1. If you were married then you could have the court to make an order regarding the house under Ancillary Proceedings

2. If you weren't married then you can make an application under Schedule 1 Children Act 1989 in respect of that property for the benefit of the children

3. You can force the repossession of the property. This comes with risks though as it can severely damage your credit rating and you would have to obtain a CCJ as the mortgage company cannot repo the property without a court order.

Much will also depend on how much equity there is and how often you have the children in relation to Father.

This is no light decision but I hopefully have given you food for thought. Let me know if I can help.

Thank you McKenzie13 - it seems you have seen this all before then! :)

-The Court date is set for next month and has been for ages now, long waiting times.

-I have tried mediation but he refused. I have an FM1 to prove this.

-We were not married at any point (thank God!) Joint owners, both named on the deeds and the mortgage

-I do not want to live there, I want it sold.

• He very recently decided to move back there to avoid me being able to sell it when it gets to Court. So, he now lives there (all of 1 week) and it's him that's saying schedule 1 of the Children's Act will prevent me be able to force him to leave so we can sell it. If that makes sense?

• There is no equity at all, however from valuations done recently it seems we would break even if sold.

• Their father and I share residency exactly 50:50.