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Ex wants to force the sale of our home

44 replies

Chrischicken46 · 16/08/2019 11:09

Hi has anyone been in the position that their ex is issuing court proceedings to force the sale of the family home? I've been split with him for just over two years now. We were not married but together for 13 years. We have one daughter together, who he hasn't seen since he left for a married woman. I have had non stop threats from him and his solicitor for the entire two years but stayed here so my daughter could finish primary school. His solicitor contacted me 2 weeks ago asking for immediate sale of the property, but the past year as well as his grief I have been trying to get treatment for her as she has a leg length discrepancy which is causing her great pain, her knee dislocates all the time, she has stopped doing any kind of sport because it's too painful and may need an operation at 12 to cut her growth plate. This was all explained to us both when she had an operation at 9 months after being born with no hip joint. So he is very aware of this. I have kept him informed through the two years sending his solicitor school reports, exam results, photos and medical reports but he has chosen to ignore them all. I believe it is his girlfriend stopping him having any communication with either of us. So over the past year I've tried to get my daughter's health issues dealt with. I had to transfer hospitals originally because he used to cover her under his company private health but that all left when he did. I only work part time to fit around school hours so cannot afford it. Initially the nhs were great but last year after her knee starting dislocating we waited 8 months for an appointment, it kept getting cancelled, my doctors wrote 3 letters to say it was urgent due to her history. These were ignored everytime. When we eventually got the appointment the surgeon misdiagnosed her and said he wasn't worried but she needed physio on one knee. The physio appointment either never was referred or got lost so a year later we were no further forward. Eventually after contacting my local MP twice and her writing to the chief executive of the hospital we have seen a wonderful doctor this week who confirmed her leg length discrepancy and she has started physio and is being measured for an orthotic so this sale comes at a completely bad time. She is also starting senior school in September. I asked his solicitor for an extension of time to stay in the house until her hip, leg, knee is more stable and they responded to say he is issuing court proceedings within the next 14 days. The fact he has a new mortgage with his girlfriend in excess of £240k and earns £100k a year is unbelievable that he would do this at such a crucial stage in her life. I work 20 hours a week and for the first time ever get tax credits. He is also applying for 50% of the equity and me to pay his court fees? What are the chances of him winning this? It's been a very very stressful 2 years already but I've got through it. He does pay child maintenance payments as I went to CMS after he refused for the first 5 months.

OP posts:
dottiedodah · 16/08/2019 13:07

As someone else said ,can you not buy/rent in the same area or is it too expensive for you?.I agree he sounds horribly selfish if he would disrupt his child just for the sake of it .Some wealthy men only seem to think about money and not the emotional cost to their children at all.Some one we heard of, has a huge property portfolio and is baulking at paying CM at the suggested level for his 3 girls!.I have no idea about the legal side though and as others here have said you need to go through your Solicitor ,maybe ask her re the Childrens Act?

HappyHammy · 16/08/2019 13:09

Are you being asked to pay for the estate agents and solicitors fees for the sale or he going to be paying those? Could you and your dd manage in a different property in the same area, have you looked at alternative houses where you could rent or buy yourself when the sale goes through.

Chrischicken46 · 16/08/2019 14:03

We live in a nice village surrounded by other villages. All the houses are far too expensive to buy or rent so it would mean at least a bus journey to school and back every day for my daughter. Another cost to me along with all her other costs. I pay for lunches and trips myself and only get a minimum tax credits. It just disheartens me to think I've fought for a year for her health and now we are just starting to get somewhere I'm not with this. I'm worried that it won't stop then. I think he may track us down and then put in another fight to see our daughter. I'm tired of it all and want to move, get out of this house but everything has come at once! It's my rant day I'm afraid. Don't have many anymore and haven't for a long time.Smile

OP posts:
LaurieFairyCake · 16/08/2019 14:12

Aren't you getting about £1500 a month child support on that salary?

Plus yours, child benefit, tax credits - housing benefit if you move. Surely you can afford to rent close by?

Chrischicken46 · 16/08/2019 14:28

He pays alot into his pension and I think based on his attitude towards us both on the next CMS review he will probably put more in to lower my payments. He has always wanted control. I took it from him a long time ago and he hated it! He's tried everything to get me to default on my current mortgage payments, by not paying my CMS on time, only paying half, trying to reduce it by putting in 3 variation orders, asking for my car, not allowing me to agree a new mortgage rate when it expired so I now pay basic rate and have done since December.

OP posts:
Chrischicken46 · 16/08/2019 14:30

Nothing like £1500 A month. It's about £1000k to rent locally part furnished because he wants all the major things. Sofas tv bed washing machine dryer kitchen table loads of stuff

OP posts:
Chrischicken46 · 16/08/2019 14:40

So I gather from these comments I should just roll over and give up. Let him get what he wants, and I am expected to bring up our daughter single handedly as I have for the last two years. With a small CMS contribution to her compared to his income and that's justice! Hmmm isn't the law just a sod! Onwards and upwards

OP posts:
Chrischicken46 · 16/08/2019 14:42

Oh I don't get housing benefit only single person council tax and my tax credits are hardly worth collecting. £1.26 A week for working tax credits and child dependant on my child care costs.

OP posts:
timshelthechoice · 16/08/2019 14:48

You need some legal support but his being an arsehole is unfortunately not going to count for anything.

And you need to take steps to assist yourself because no matter what, you and everyone else will soon be moved to Universal Credit. So if you are unable to work more hours, look at applying for PIP.

HappyHammy · 16/08/2019 14:52

Do you think it would be better for you to move somewhere else, you will get half the amount of the sale, you'd have your own place and not be in his debt any more, you might get benefits and higher CMS once you've moved out and you can buy furniture pretty cheap. The longer you stay there the more hassle you will get. When you dd starts 2ndy school maybe you would like to increase your working hours a bit.

Chrischicken46 · 16/08/2019 14:54

The point to this thread wasn't my finances or to keep the house or to fight for all the equity or to out do him of anything it was to ensure my daughter gets the right treatment for her condition as soon as possible without distrupting her for a very short period of time.

OP posts:
HappyHammy · 16/08/2019 15:01

it sounds difficult, the house won't sell immediately which gives you some time, have you got any firm dates for your dd treatment yet? can they give you any idea.

timshelthechoice · 16/08/2019 15:12

But none of that matters from a legal perspective, Cris, so you need to get proper legal advice because yes, he can force sale. It will not stop your daughter from getting medical treatment.

stucknoue · 16/08/2019 15:37

Look on a benefits calculator to see if you get more help if you rent - there's no help if you own these days.

swingofthings · 16/08/2019 18:20

I can understand your stress over it all and feeling overwhelmed dealing with two stressful events at the same time. The ting is, until this is resolved, you'll always feel stressed because he will still have this hold on you.

Moving might sound horrible, more travelling, not so nice area, not so nice house, but the place will be yours and you won't have to worry any longer about him pressurising you. That will take a massive chunk of stress from you.

TinchyP · 17/08/2019 16:58

If you can give to the Court some definite dates for treatment they may delay the sale for a set period, but you do run the risk of being ordered to pay costs if you keep stringing out the sale indefinitely. Arsehole or not you are preventing him from accessing money which is his. CMS, benefits etc. are all a different issue which you need to address.

BubblesBuddy · 18/08/2019 18:31

I think as you didn’t get married you have had a fairly reasonable stay in this house. If partnerships break down with insufficient money to maintain lifestyles, that’s the harsh reality. I would go and let the house be sold. Negotiate for your share.

ComtesseDeSpair · 19/08/2019 22:35

There will never be a perfect time for you to sell and move on: now it’s your DD’s health problems; after that it’ll be stability for her because she’ll have just started secondary school; then it will be starting her GCSE subjects; then her exams; and so on and so forth. If anything, now, before she starts secondary school, is one of the more ideal moving points - plus once the house is sold it will be one less thing for Ex-P to harass you over, which can surely only be a good thing.

Legal advice really is your friend here - it will help you get the best deal. And it seems very unlikely you’d be ordered to pay all of Ex-P’s legal costs - why does he seem to think you would be?

MarieG10 · 20/08/2019 14:10

@Chrischicken46
So I gather from these comments I should just roll over and give up. Let him get what he wants, and I am expected to bring up our daughter single handedly as I have for the last two years. With a small CMS contribution to her compared to his income and that's justice! Hmmm isn't the law just a sod! Onwards and upwards

Yes...is painful but that's the law. It makes a discrepancy between people being married and not married which means yes you have virtually no rights or legal recourse

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