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Ex wanting to take house to court.

8 replies

christmasmammy · 22/09/2018 10:56

In April, my ex and I bought a property together (after he had lved in my rented home for almost a year). I was not keen to move, but did so anyway as it was what he wanted.
In July he physically hurt my 3 year old son in temper, and assured me it would never happen, but did so within a few weeks. We split and he moved out of the property, with the original intention of letting me pay the mortgage for the 5 year fixed period then selling. I have also since found out that he owes money to a drug dealer.
He has since decided that he wants his share now, and is threatening court action if I don’t sell/give him half.
The deposit for the house was a gift to both of us from his parents, and he has since paid half of 3 mortgage payments, and I have paid all bills and mortgage since he moved out.
I would like to remain in the house to keep things as normal as possible for my son, who has been wetting the bed/having night terrors since all this began. And I cannot afford to move.
Any advice on what is likely to happen at court? And what I should do?
Thanks in advance.

OP posts:
Joe66 · 22/09/2018 11:59

Are you married? Is it a 5 year fixed rate deal on the mortgage? How do you hold the property, is it tenants in common or joint tenants?

christmasmammy · 22/09/2018 12:04

We are not married, we bought him property as tenants in common with 50/50 ownership. And yes, the mortgage is 5 year fixed.

OP posts:
christmasmammy · 22/09/2018 12:04

*the property

OP posts:
Joe66 · 22/09/2018 12:30

Have you had the property valued? Will you be in negative equity if you sell once the mortgage penalty has been applied?

christmasmammy · 22/09/2018 12:43

No, but there won’t be a huge amount. Maybe 10,000 after sale.

OP posts:
RedHelenB · 22/09/2018 13:13

Can you buy him out and take over the mortgage?

Joe66 · 22/09/2018 13:14

I think you need to do the figures. Solicitor costs of sale, early redemption mortgage penalty, estate agents costs. Sadly, in the absence of any other agreement at the time you purchased regarding intentions, the property is 50 percent his and it's unlikely you would be able to prevent the sale without an exceptionally skilled solicitor or barrister. You could possibly delay until the spring by dragging your feet. Also, if he does obtain a court order costs would probably come out of your share. You may need to bite the bullet and put it on the market. I presume the child isn't his. Sometimes after such a shitty experience, moving on and putting it behind you may well be the best solution for you and your son.

Joe66 · 22/09/2018 13:15

Yes, of course, I assumed you couldn't raise enough to buy him out and take on the mortgage.

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