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....

Your main concern should be the fraud choice re the income support. I would seek legal advice asap.

Yes Collaborate, it certainly is getting more and more like AIBU. And all the 'advice' from armchair lawyers would be hilarious if it weren't so ridiculously inaccurate and doing the OP no real favours at all.

Income support has stopped...someone wrote to them to say my ex was living here full time which he wasnt. I told them he stays here 3 nights a week and has recently started supporting me since we had our child. They asked if I wanted to carry on claiming IS to which I said no.

OP, if you class the contribution your dp makes as child maintenance, it won't affect your ability to claim IS. I can't advise whether the fact your dp stays at your house 3 nights will affect your claim though. Are you now receiving child benefit? Child tax credits?

Sorry, not sure if the father of your youngest is your current dp or ex.

If your mortgage is joint with your ex and he wants to sell, and you alone or with your new partner can't keep up repayments I think you have to sell. Sorry OP

Maybe you should prioritise your kids and not have more kids if your struggling with the ones you have.

Will go to aibu now

Adviceplease: yes, you toddle off to AIBU where you can type diarrhea there.

Thank you to the posters whos actually given me some sound advice which I am takig note of.

The OP has a partner - the amount of nights is irrelevant and an old myth. By advising her to claim IS you are advising her to commit benefit which she has already done as per earlier in the thread which she then stopped her claim.
As for the house it's time to move on. Put it on the market now as it's unlikely to sell before Christmas anyway and start your new life with yourself and your ex-partner on a fresh footing. This will make the situation regarding child maintenance/mortgage less muddy. Your ex-partner can make decisions with his new partner and you can do the same with yours.

• benefit fraud.

Arnold, the OP may have a partner but if they're not living together as a couple and don't have any financial ties (other than child maintenance), you can claim IS. If you do indeed know better, I suggest you inform whoever manages the advice pages of CAB, entitledto, turntous, and gov.uk

Arnold is correct, in fact.

Can you provide a source for that fleur? I get my info from official webites etc but if there's another that I've missed that contradicts and supercedes the sites I listed above, please do share.

The OP has a partner who is working and she is having a child with him.

In the eyes of the law, she is therefore not eligible for IS.

Which law Fleur? Because if they're not living together, as far as gov.uk and all the other sites I've mentioned are concerned, it doesn't matter if she has a partner as long as they are not living together and are not financially tied. That's why, when going through the criteria for eligibility, you get asked do you live with your partner?. Not do you have a partner?

Regardless of hair splitting, having a baby together and being in a relationship together is being financially tied.

On the logic of not living together, numerous spouses of MPs would be eligible for income support if this was all it took. It is not.

So it's just your interpretation of who's eligible then, rather than the law. 🙄

Fleur is right...its because we are in a relationship that will eventually move on to us living together...so in their eyes we are already 'living' together.

When I was on IS I had to attend interviews at the job centre and I always made them aware that I was in a relationship where my partner stayed over for 3 nights and he wasnt contributing financially into my account...he payed for shopping whilst he was with me and thats it.

However when they asked why he didnt stay and I said because he cant drive at the moment they said we are still looked at as living together because if he was driving he would be staying here. So I stopped the IS

They dont care about the fact I didnt want to take money from him as he contributed by buying shopping and petrol...I didnt expect him to pay half my mortgage...or my bills....he has his own to pay.

Since our baby as been born he supports me....

I received the court order today...I have to write a statement to the court with details of mine and my ex's story since separation...details of my oncome and then a questionaire form whih I dont understand.

This has to be by the 9th feb then I need to attend court on the 9th March.

Not sure where I will stand when I put the house up gor sale in january like he wants...would I still need to attend court if they see the house in on the market?

A Notice in Form G

I will get legal advice yes..

Thank you for your help.

I'd send him an open letter (head it "open letter") saying you would agree to an order for sale, equal division, and a clean break. If he promptly accepts you'll not need to fill in the Form E or even necessarily go to court.

*No advice given about whether a clean break is right for you. Look at all the assets - including pensions. Get some advice if you're unsure.

Il look into the 'open letter' option too,

I know this sounds silly bit I really want to try and avoid attending court as I know I will get quite emotional and I dont want to give my ex the satisfaction in seeing me so upset.
He was always and still obviously is a very controlling man.

I dont know where I would stand if I was to pay off my arrears move out into my inlaws for the time being and hand my ex the keys to the hoyse to sort out hinself...I would speak to my mortgage provider and see what they would say about it as I would not be paying the full mortgage if I did that. If he can just 'walk out' of the home and leave me paying the mortgage whats stopping me from doing the same to him??

And thank you Collaborate