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Court order to sell home

130 replies

user1479246102 · 21/11/2017 00:07

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....

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WitchesHatRim · 22/11/2017 16:32

Yes, it was meant to be August this year but I didnt plan on getting pregnant...and I certainly wasnt going to put my house up for sale with a new baby on the way.

With all due respect that is nothing to do with your ex.

He has no guarantee you won't find another reason to delay.

Collaborate · 22/11/2017 16:45

He doesn't believe you when you say you'll market it next year, which is his prerogative,

Bluntness100 · 22/11/2017 16:46

I have to agree with the majority here. Your statement of “Ive no one else to support me”. Eh what about yourself and making some sound life decisions and taking personal responsibility. It’s not a man or the tax payers job to support you.

Your marriage has been over for years, you made an agreement, you revoked on it. I’d take you to court too. Who’s to say you won’t have another issue in the new year,,pregnant again, split up, partner can’t get mortgage.

Put your house on the market and take some personal responsibility.

user1479246102 · 22/11/2017 16:47

Some of you really need to read the whole thread before you put your 2 pennies worth in.

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Bluntness100 · 22/11/2017 16:50

I can assure you I read it op, and understood it just fine.

WitchesHatRim · 22/11/2017 17:04

I did read it.

user1479246102 · 22/11/2017 17:06

Bluntness...that wasnt aimed at you...it was a cross post.

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user1479246102 · 22/11/2017 17:07

Was aimed at oldwitch actually.

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user1479246102 · 22/11/2017 17:10

Children can be resilient, yes, but how can you tell what state its doing pscycologically?? Ive spoke to alot of parents who have noticed a significant change in their children due to a broken hine and uprouting schools ect...and not a good change. I dont want to risk doing that to my children

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WitchesHatRim · 22/11/2017 17:14

Ive spoke to alot of parents who have noticed a significant change in their children due to a broken hine and uprouting schools ect...and not a good change. I dont want to risk doing that to my children

But you have also changed their lives by having another DC and in a new relationship.

It is coming across that you are using the DC as pawns to get one over in your ex.

This isn't something that has just been found out. You have known for 4 years that this would happen.

Familylawsolicitor · 22/11/2017 17:14

This reply has been deleted

Message withdrawn at poster's request.

OldWitch00 · 22/11/2017 17:18

I have read the whole tread.
Your inaction and lack of personal responsibility will probably cause them more long term harm than a move.
Rather than organize the financial health of the family you have leapt into the arms of a man who will need to fully support you.
What does that teach the children?

Viviennemary · 22/11/2017 17:19

The child maintenance thing is separate from the housing question. He needs to continue to pay the maintenance. But I think it's fair that he doesn't pay the mortgage since you have moved on and now have a new partner and are pregnant. It's really up to your new partner to provide a home for you and your child if you are unable to earn enough.

It is hard on you because you're in a difficult situation. Why can't you get army quarters with your new partner. That would be the best way forward rather than be homeless.

sparechange · 22/11/2017 17:40

But your children are from a broken home and have been since you kicked your ex out. And now you’ve added an extra layer of ‘complication’ in by having a baby with someone else (not that there is anything wrong with it, but it is hypocritical to say you don’t want to do anything that impacts negatively on your children)

Do you think with a clean break and the house sold, it will improve the relationship you have with your ex? And that could potentially benefit your children?

Collaborate · 22/11/2017 18:11

Has anyone else noticed how Legal is becoming increasingly more like AIBU, with posters rushing to moral judgment rather than concentrating on a legal query?

Taylor22 · 22/11/2017 18:33

You do not get to play the fact he is 'kicking' the DC out of their home when you've gotten into a sketchy relationship and popped out a baby in shit circumstances.

Don't be so disgusting.
That is using his kids against him as pawns.

user1479246102 · 22/11/2017 18:41

How am i using the children??

You have to be married to live in military housing and im not getting married just to do that.

And I didnt kick my ex out, he decided he didnt love me anymore and found someone else

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Collaborate · 22/11/2017 18:57

Can people lay off the personal attacks? FFS get on over to AIBU.

Viviennemary · 22/11/2017 18:59

You are a bit full of what you will do and what you won't do. No wonder your partner is digging his heels in. I have lost sympathy for you. It's four years since you separated. This should have been sorted out long ago. So you're not getting married to your part-time boyfriend but want your ex to continue to be strung along. Sorry you're out of order.

Viviennemary · 22/11/2017 19:00

People have made sensible suggestions and OP has rejected everything. So no wonder people lose sympathy. Pay out for legal advice if you're not pleased with the answers here. Or make an appointment with the Citizens Advice Bureau.

user1479246102 · 22/11/2017 19:04

Thanks collaborate...

I get why some posters are being judgemental...but they arnt in my shoes and dont know the full story, which im not going to go into on here.

I came on here from some legal advice as that is what the group is called

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Collaborate · 22/11/2017 19:07

You need to follow Familylawsolicitor's advice. Both she and I are family lawyers, and we agree that you should get a consent order for sale.

user1479246102 · 22/11/2017 19:08

Ive rejected personal attacks and took on the advice of the people who didnt comment on the personal situation.

Im going to arrange a free half hour with a solicitor and draw up an agreed order for sale to hand to his solicitor.

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Bombardier25966 · 22/11/2017 19:20

Im on the list for council housing but there are no homes close to my childrens school.

What's the betting the new partner hasn't been declared on your application?

user1479246102 · 22/11/2017 19:22

Thanks collaborate.

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