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Eviction notice

21 replies

nikkt · 11/09/2018 15:04

I'm a father of three boys . 11,16 and 19.
My ex wife left over 4 years ago . I have our children and my ex only sees our youngest 1 to 2 times a week . She wants the family home selling so she can get married to a guy who is well off himself. I'm being taken to court next week to be given an eviction notice even though I'm trying to put the house up for sale . I can't afford a solicitor but my ex will have one .
Please help me to find a way to sort this out ?
Thank you

OP posts:
prh47bridge · 11/09/2018 15:13

Was there a financial settlement at the time of divorce? If so, what does that say about the house?

nikkt · 11/09/2018 15:13

Please can anyone help with my previous issue ? I'm worried sick over it all .

OP posts:
nikkt · 11/09/2018 15:16

Yes it was settled 2 years ago I had the option to buy but couldn't afford it . My ex moved in with her boyfriend and only started coming at me again in April this year after they split . She now lives with her new boyfriend but wants to evict me . She's lied about everything even that the children don't live with me

OP posts:
abbey44 · 11/09/2018 15:19

I know you say you can't afford a solicitor, but I don't honestly think you can afford not to in these circumstances. Some solicitors offer a free half-hour consultation, which will give you an idea of what's involved, but is there any way you can get the funds together to get some good legal advice? You would be very vulnerable otherwise, particularly if she has legal representation on her side.

cheesefield · 11/09/2018 15:24

So she wants her share of the equity in the family home, in which you and the kids still live?

How is the eviction related? Have you not been paying the mortgage? Is she paying maintenance?

If you wanted to sell it anyway can you not proceed to do so, so she can have her % and you can go your separate ways with your split of the equity?

nikkt · 11/09/2018 15:34

I've paid the mortgage all the time we had the house and I've never missed a payment. She wants to hurt me and she knows I can't afford it . Over the last 6 weeks I've made a few offers to buy her out to which she refused 3 weeks ago . I then arranged an estate agent to value the house for sale . The day he came to value it I received the court hearing. She says she is claiming costs in court too and her solicitor is bumping it up to make me pay out more .

OP posts:
notapizzaeater · 11/09/2018 15:37

Are you claiming maintenance from her for the children ?

Try and get the free half hour to get some advice.

nikkt · 11/09/2018 15:37

She paid maintenance for 4 months at the lowest rate £28 per month . That was stopped when she told CSA that she only earns £40 per week . She works for herself. She's tried claiming child benefits by changing our boys address at their doctors then put a claim in for it . It's such a mess

OP posts:
prh47bridge · 11/09/2018 17:30

You say there was a financial settlement 2 years ago. What does the order that was approved by the court say about the house?

nikkt · 13/09/2018 19:57

56 days to raise the money or then put on the market . It went on the market but after 3 weeks she had sent friends and worse of all she sent the man she left me and our boys for round as a potential buyer . He spent 30 minutes walking round and often alone . . I then insisted the agents must qualify any potential buyer . Viewings dried up so I put it into the market myself

OP posts:
Joe66 · 14/09/2018 16:52

If the property is on the market you have complied with the court order. Have you received any offers? I can't quite understand what the court application is for? Can you be a little more explicit and accurate in the terminology of what the application says?

nikkt · 20/09/2018 19:04

I failed to appear in court due date confusions . I've asked for permission to appeal but I've been told by the court I have to go to the appeal court ?! I need help on who and how I appeal and where if at all do I get permission?
I'm not flush with money and I have my three children full time ! I cannot afford a solicitor. Please can anyone help me ?

OP posts:
SilverHairedCat · 20/09/2018 19:07

Have you tried to speak to Fathers For Justice? They still want paying for legal services, but at a heavily reduced rate.

www.fathers-4-justice.org/our-campaign/help-advice-support-faqs/

SilverHairedCat · 20/09/2018 19:09

Actually, I don't know if they deal with financial stuff, but worth a go.

nikkt · 20/09/2018 21:19

This isn't about money it's about my three boys ? They are being thrown out of their family home in two weeks . I don't know what to do

OP posts:
SilverHairedCat · 20/09/2018 21:29

You need to keep the house or sell it. It boils down to money. The boys are the whole point, I understand that, but without money you won't have a home to raise them in. Clearly your ex doesn't care about the kids, sadly, so it really is about the money first and foremost to her.

nikkt · 21/09/2018 00:09

Thank you and I understand that but I need to stop the eviction.... If it's stopped the will sell . It's on the market now has it was planned with my ex two months ago?

OP posts:
nikkt · 21/09/2018 00:10

She has lied under oath . I have to stop this somehow??

OP posts:
Joe66 · 21/09/2018 00:49

What eviction? What does the order say? You are not being clear.

LassWiADelicateAir · 21/09/2018 01:05

Do you jointly own the house?

Your posts don't really make sense. Getting a court order to sell a jointly owned property is not a quick process and such an order isn't going to include an eviction order.

SilverHairedCat · 21/09/2018 09:55

You need legal advice. Speak to FFJ and ask to speak to a lawyer.

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