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Original poster

Ex has applied to have me and son evicted in 21 days

74 replies

ChrissieKeller61 · 15/02/2020 15:17

I’ll try not to drip feed. I know I need legal advice but I can’t afford it.
House is in his name. Consent order signed 4 years ago said the house was to be sold and all profit to come to me.
At the time neither of us were living it, it was rented out. Son and I have lived there for the past 12 months.
He refused to even tell me what the mortgage payment was I guessed at £999. I was short by £190 per month. I’ve made an arrangement with his permission to catch up. His credit is shit for other reasons too. But I appreciate that is impacting.
He wants off the mortgage all of a sudden, presumably to buy another.
I am trying to buy it, but until this month didn’t have 3 months wage slips showing enough earnings. I’m applying for a mortgage this week.
We’re in court this week.
I brought the case to resolve another unrelated matter and he’s using the opportunity to do this. And wants to charge me £6,000 in costs for the pleasure.
Any advice?

OP posts:
Original poster
ChrissieKeller61 · 15/02/2020 15:19

Critically I thought I had to have 7 days notice of him counter claiming or whatever it’s called. His solicitor says not and I do not have any reason why it shouldn’t be heard at the same time so they are planning to take over the hearing with their stuff aren’t they ?

OP posts:
TrixieTheWhore · 15/02/2020 16:06

Were you married?

Original poster
ChrissieKeller61 · 15/02/2020 16:33

Yes

OP posts:
Doyoumind · 15/02/2020 20:05

Bumping for you.

Original poster
ChrissieKeller61 · 15/02/2020 20:22

Thank you

OP posts:
fastliving · 16/02/2020 23:23

Sorry sounds horrible. Just bumping for you in the hope someone else will be able to help

Original poster
ChrissieKeller61 · 17/02/2020 05:36

Thank you

OP posts:
AJPTaylor · 17/02/2020 06:24

If it was to be sold with all profit coming to you 4 years ago, why did he keep it and carry on paying the mortgage?

Original poster
ChrissieKeller61 · 17/02/2020 07:48

He didn’t - he hadn’t paid the mortgage since 2009 I have.

OP posts:
Aureum · 17/02/2020 07:52

If he wants to be off the mortgage that’s fine. It’s your house so just remove his name?

Original poster
ChrissieKeller61 · 17/02/2020 07:54

No it’s not because I’m not currently jointly on the mortgage and I’d have to go through the whole process of applying which I’m doing now but haven’t been able to do previously

OP posts:
Aureum · 17/02/2020 08:28

I don’t see how he can evict you? He’s been ordered to give you the house. It’s your house. If he wants out of the mortgage then the fastest route is to wait for you to get a mortgage.

Original poster
ChrissieKeller61 · 17/02/2020 09:13

Well yes exactly- it hasn’t stopped him spending £6,000 bringing the matter to court which I’m told he is likely to be awarded.
The issue is it was ordered to be sold. With no time limit agreed - his mistake.

OP posts:
Doyoumind · 17/02/2020 09:50

If you weren't living in it for 3 years and he didn't sell it, how is this your fault. What led to you and your son living in it for the last year? I'm not clear on the issue. Is it because you agreed to buy it and haven't as yet?

Original poster
ChrissieKeller61 · 17/02/2020 10:10

Exactly my point Do you mind.
We are living in it because the tenants gave notice and I couldn’t afford the mortgage and rent elsewhere

OP posts:
Winterlife · 17/02/2020 10:10

Apply for the mortgage simultaneously. Send a letter to the solicitor advising you are applying for the mortgage, that you’ve been making payments, that you applied as soon as you qualified, and you suggest the matter be set aside until the mortgage decision, which should be completed in X weeks. If the solicitors refuse, try to introduce your letter at the court hearing.

If worst comes to worst, you can make an offer on the house.

sunshinesupermum · 17/02/2020 10:13

I hope someone who is legally trained in these matters can help OP

TalaxuArmiuna · 17/02/2020 10:16

his application for eviction will not be granted.

endofthelinefinally · 17/02/2020 10:20

Contact Women's Aid. They can advise you and help you to find good legal advice. Your ex sounds dreadful. To want his own child to be homeless? Shocking.

slipperywhensparticus · 17/02/2020 10:20

Even if he did evict you and sell the money will come to you anyway 🤔

Original poster
ChrissieKeller61 · 17/02/2020 10:22

His plan is to sell it at £70,000 below market value to clear the mortgage so there would be no equity to come to me.

He is that bad

OP posts:
FabulouslyElegantTits · 17/02/2020 10:23

How old is your son? Surely he wouldn't want his child to be homeless!!

Original poster
ChrissieKeller61 · 17/02/2020 10:24

9 years old

OP posts:
Original poster
ChrissieKeller61 · 17/02/2020 10:25

And yet that is exactly what he has applied to the court to do. Have his child and I out of tye house in 21 days

OP posts:
sunshinesupermum · 17/02/2020 10:29

How likely are you to get a mortgage to buy it from him? I know you say you can't afford it BUT you do need legal representation if he is going to court.