Should I let ex h take me to court or settle at 60percent of the house sale?

[Eustasiavye]

Briefly ex left me and 3 dcs.

Found out he had taken out a second charge against our property.
Despite fighting this I have reluctantly agreed to take on half of this debt.

We are selling the house.
For 18 months he paid nothing towards either the mortgage or the second loan.

He. Was the main income earner but has since stopped working and his new partner, whom he has since married and was the ow, is working full time as a professional.

He pays no maintenance. He has zero access arrangements ( his choice). The children never stay at his and he buys them absolutely nothing.

I am trying to get 70 percent of the huse sale after the mortgage and the second charge have been paid.

He won't agree to this but wants 40 percent plus me to stand half of the second charge.

Should I let this go to court?

I cannot buy another house. He moved into ow rented house.

I cannot move into my partners house because of the 3 dcs.

He has to.d me he will get nasty if I don't agree.

Any advice appreciated.

Also the second charge is in arrears as he hasn't paid anything if it.

Is the house in your joint names?
Did you take your own legal advice when the second charge was taken out?

Were you living together or were you married?

Have you taken legal advice?

From what you've said I'd let it go to court. I'd also contact CSA to.

Thanks for replying.

Yes we were married.

The house is in joint names.

I was unaware of the second charge until he left and I decided to sort the finances out.

It was in the small print of our mortgage that we could borrow against the mortgage but we both agreed that we would never do it.

He had all correspondence dressed to him.

I have tried to fight the company- Barclays but the legal cost is extortionate.

I no longer have a solicitor as I felt we were going around in costly circles. A lawyer friend of mi e told me to push for 70 percent u der the circumstances.

Also I have contacted the car.

I am not entitled to any money because he has no income from earnings and I cannot claim of the ow income.

honestly go to court to get 70% +
he isn't being straight about it at all.

Flaming auto correct!

Not car but csa.

Initially when he left they had to threaten him with legal action to force him to make payments, he was working then.

He has said that if we go to court he will ask for 50 percent of the house contents despite me being the only one to clear the house and askng/telling him to come and take his stuff. He never did and it has taken ages to clear.

Another question. Who will pay the court costs?

If a second charge was taken out without your knowledge and you are co-owner of the house, then the mortgage company is seriously at fault. From what I remember there are a number of legal cases about this where the innocent party has not been bound by the mortgage - it is worth fighting it.

Did u sign something agreeing to the extra charge? Surely you would have to do that? Unless he signed your name too......fraud?

It was in the small print of the mortgage but we both said that we wouldn't use it. The cards and cheque book were destroyed. Ex h then took it upon himself to draw money from the account, secretly.

When he left he took all the paperwork as he didn't want me to discover what he had done.

When I found out I froze the access but because he has never paid off the debt the interest has mounted up.

It was a condition of the mortgage at the time and apparently they no longer do this type of mortgage due to problems.

Ex went to extreme lengths to make sure I didn't find out about it as he knew I would not have agreed to it.

Hindsight is a wonderful thing but like I told my solicitor at the time I had no reason to open his mail, we were together over 20 years and I thought I could trust him not to do such a stupid thing.

I am informing his solicitor that I won't accept 60 percent.
I want 70 percent of the house sale after splitting the mortgage debt and the second charge.

He can go whistle for half the value of the contents as he has had ever port unity to get what he wants from the house.

It sounds like some sort of cashing in facility on a mortgage which you had agreed to so your claim is against him not the lender, because he breached your verbal agreement (i.e. very hard to prove agreement) with him that he would not exercise the option to take out more cash. So I agree you've been wise to drop that with the lender.

Sounds like you are taking the right steps. Good luck with it.

Thank you all for the replies.

I'm waiting to hear what he wants to do.

I'm annoyed/bitter about lack of maintenance as I'm struggling at the moment.

hopefully things will go my way.