Forced house sale?

[Bbang]

Does anyone have experience of this, me and ex split up when our son was 2 he is now nearly 6.

Divorce went through without last year with no financial order, he didn’t ask and I didn’t push for one he was doing it himself whilst I had a solicitor so maybe he didn’t know about it? Not sure.

He’s putting a lot of pressure on me to sell the house it’s getting too much, he’s bringing it up every week. I’ve been told by my solicitor I could go for a mersher order to stay in the house until our child is 18 but ex is saying that’s unfair as he’ll be 50 by the time it’s sold.

My problem I I work part time and the mortgage company won’t let me take the house on my own as they’d want me to remortgage and I don’t have enough.

The mortgage is an interest only mortgage has been for the whole 12 years we’ve lived here, the deposit is £19,500 and came from him not me so his argument is I should buy him out for half the deposit money but again I don’t have the 9kish. And frankly I can afford the £270ish monthly payment quite easily and why should I rent? But he’s saying I get a lot of financial help, CHB and CTC and the maintenance, he has 182 nights a year which is pretty much 50/50 barring a night or two.

So basically what’s my chances? If it went to court which is what he’s threatening will I get the order and be able to stay and sell in 12 years when he’s 18 and pay him the 9k then or will the judge say that’s too long for him to wait as he needs to rehouse himself and his other child (he has a baby with on off again gf) and he has them in his room he rents.

But my problem is that if we split the money 9k each isn’t really enough for each of us to buy somewhere else. But he’s saying he can’t buy again even if he did manage to save another deposit if he’s on the mortgage so he’ll be stuck renting etc.

Don’t really know what to do tbh.

How are you both intending to pay off the capital if it’s interest only ? Is there a separate policy to cover that

I think you might have to be more realistic as you are effectively renting so not actually that secure.

How many bedrooms does it have? If over 2 you could be viewed as overhoused and able to downsize. I think your Ex is being reasonable as he hasn't pushed for a sale or resolution for years and the court may judge that gave you the opportunity to make changes. I am not sure that you can guarantee a mesher order as your Ex has the right to be off the mortgage and I think a judge would be sympathetic to his situation.

The mortgage may have a clause which asks you to inform them of major changes and divorce is definitely one, so you may not actually have a choice long term.

Why not work through your options..What's the equity in the property? What is the mortgage amount you could get, look for brokers who might include payments other than salary.
What if you went fulltime or increased hours, how would that improve mortageability?
What is the cost of a 2 bed house?

Once you know that information you will be able to make plans..if your Ex isn't asking for a share of the equity since it was bought he is being very fair.
Did you look at assets such as pension at the time of the split? A court case will cost each of you 10k minimum which is more than the value you are debating and you may not like the outcome.

Try to look at ways to resolve this without court and consider all options. Often moving from the previous family home can be very cathartic and allows you to move on and start afresh.
Maybe it's an opportunity even if it appears daunting.