Court order to sell home

[user1479246102]

Me and my ex split in 2013 and he moved out of our marital home and I stayed with our 2 young children. I left work to be a SAHM when our first was born so I had no wage coming in and so I got incone support.

I met my new partner and therefor my ex stopped paying his half of the mortgage as he though I had my partner living with me,but as he is in the army we only see each other at weekends, so I was left to pay the full ammount out of my benefits and child maintainance.

We ended up going to mediation as he wanted his name off the mortgage but I was reluctant to sell as I wasnt finacially stable to,but I agreed that once I was in full tine work that i would have the house on the market the following year (August 2017)
I started training as a TA and got a part time job at my local school just 5 hours a week with the view to go full time once I was qualified.

However come January 2017 I fell pregnant and so had to put things on hold...but still August came and my ex asked me about putting the house up for sale...and I told him that my baby was due in September and that we agreed that the house would get put on the market so long as I had a full time job, which wasnt possible being pregnant. So he stopped paying the child maintinance which I depended on to pay the mortgage so I got in arrears...I recieved a court order to sell the home and now he has sent a letter in to my incone support ti say I have someone living wih me (which I dont) and now my income support has stopped....so what can I do??! I cant afford to go to court and I cant rent due to credit rating and im on the council housing list but theres no properties suitable for my family....

You’ve reneged on your original agreement to sell the house in Aug 17 because you got pregnant.

This. You may not like it but your ex is doing nothing wrong.

He doesnt have to wait another year...im putting the house on the market early next year. He lives with his partner in her house...ther will be no equity in this house either .

He lives with his partner in her house...ther will be no equity in this house either

Irrelevant really. If he wants his name off the mortgage the house needs to be sold.

I get why he wants me to sell the marital home...and I want nothing more than to be rid of it and start a fresh too...its the way hes gone about it...first he stops paying child maintainance then he cancels the child benefit so i had to make a new claim then he falsley accused me of fraud and now hes demanding I sell the home in which his children live in. He doesnt care about our children, he didnt think about them when he canclled their maintenance and benefits which provides food for them! All hes out to do is to put strain on my current relationship...he knows theres no equity on the house...he knows I cant rent die to bad credit rating and he isnt in need of buying another hone as he has one.

But his name is on a mortgage, which is in arrears

This will be badly fucking up his credit rating
So he won’t be able to get a credit card, car finance, even a phone contract so long as this rumbles on

It will take him years to repair his credit rating before he can get a mortgage

This should have been sorted years ago. He has been more than patient and understanding of the situation in recent years...

If you are obstructive, he can get a court order granting him ‘joint conduct’ on the sale meaning he can get a say in which offers you accept, which won’t help you if you want to get the maximum price or a buying with a timetable to suit your plans...

Hes caused me to have a bad credit rating for stopping all the benefits so I couldnt pay the mortgage...the only reason I stopped working was because he wanted me to bring our children up and didnt want them going into childcare.

I dont care how much the house goes for...I just want done with it...I feel like just giving him the keys and fucking off to be honest. He can deal with it himself.

Then there are no winners in prolonging this situation for any longer

Get some agents around this week and keep him updated on what’s happening

And also get a proper claim in for maintenance. He can’t stop paying because of your relationship status and you need to get on the case in making sure he starts paying ASAP

I'm sorry but I think it's a bit cheeky to expect your ex to keep paying a mortage because you can't work because you are pregnant with someone elses child.

^This. I think you are being very cheeky OP

Yep child mainenance is sorted and all going through with csa now...

He doesnt communicate with me...he doesnt answer calls or messages and I dont know his address either for me to send him paperwork if needed

Greendale17
Read the reply to that post.

Wow, there’s a lot of unnecessary judgement on this post. I’m not an expert at all, but would’ve thought your ex should be contributing to housing his 3 children...

Sorry, 2 children.

I dont expect my ex to pay toward the mortgage..he doesnt live here.

Is there an address for him or a solicitor on the court paperwork

He will have to communicate with you to get the place sold - he has paperwork to sign and offers to agree to...

Getting agents booked to do valuations would be a starting point and shows him he can lay off the legal route

Could you make a start with that this week? There is no obligation on your part and if they recommend giving the place a spruce up/redecorating, it buys you more time

He wont want to deal with the paperwork with me...he wont take on anything I say..

Im not doing anything this week no, ive advised his solicitor when I will start with the proceedings and im gonna stick to it. Im not faffing about wih paperwork, viewings and decorating so close to christmas.

Hes a very controlling man...always has been and ive put up with it for too long being miss nice...well no more ..he can wait till I am more stable

Yes I wrote a repky to his solicitor giving a date of when I expect the house to ve on the market...then the court order cane through 2 weeks later

OP you have my sympathy, Although not for being pregnant again. Your ex sounds horrible and he should never have stopped maintenance for his children. Just keep telling his solicitor you are putting the house on the market, I can't see him gettaing very far with a court case in the circumstances. Good luck

Ive told his solicitor. Im not gonna keep sending letters...its getting me really stressed and its having an effect on my relationship and children.

Its not an actual order...just an application for intent.

Its a letter from the court to say that they have received an application of intent to order and that they will be in contact soon