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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....

OP posts:
user1479246102 · 23/01/2018 10:00

Just thought id update this situation. My partner has been posted to go to Catterick Barracks which is 2 hours away from here. As we were going to get married this year we have decided to bring it forward in order to move into military housing. As this as just come up I havent yet set anything in stone or told me ex...vut I think we woukd be much better off financially doing it this way. My only concern is taking the kids away from dad and changing schools....
Currently contact wih dad is every other weekend friday to monday...I dont mind doing the travelling to drop off as it is my choice to move. We would be able to save a better deposit for our forever home...
My ither concern is taking the children out of school...im having a few issues with their current school anyway and on lookig at the schools in catterick I think the move would be better and a good transition. I have a feeling, however, that my ex will try and stop me from moving? Can anyobe advice please?? Thank you.

OP posts:
Collaborate · 23/01/2018 10:58

If he divorced you, or you didn't include a prayer for financial orders in your divorce petition, on remarriage you won't be able to apply for financial remedy orders.

user1479246102 · 23/01/2018 13:17

Thanks for responding

Sorry I dont quite understand? Are you saying if we get married I wont be entitle to anything financially from my ex??
If this is the case....im not fussed about anything financial...I just want this house sold to get him off my back. I doubt we would be married before we attend court anyway...

OP posts:
Collaborate · 24/01/2018 07:22

Provided you included a prayer for financial orders in your petition (ie ticked the relevant boxes) you can still bring a claim.

You won't get spouse maintenance as you are remarrying, but what about assets built up during the marriage such as pensions? You can still claim for these, after you have remarried, provided you ticked those boxes. If you want to force the sale of the house doing so through the divorce procedure is far better.

user1479246102 · 24/01/2018 14:53

Thank you. I probably didnt tick the boxes...I dont want his money.

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