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

[ChrissieKeller61]

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?

Dreadful that he wants his son evicted like that.

realistically, are you able to sustain £1000 a month on the mortgage alone?

I'd be inclined to think if you can afford £1000 a month you'd be better off cutting your loses and getting out, away from the angst and aggro. There comes a point that it just isnt worth it

The mortgage application is going through now I am likely to get it.
The issue is stamp duty. I wouldn’t pay it if I buy this house but it’s an additional £8,000 to find on another house. Plus his £6000 costs, £5000 in estate agents fees. Nearly £20,000 out of £70,000 profit all because he’s an absolute dickhead.

I’ve been paying the £1000 for 12 months, it’s tough but I am doing it

Do you have proof he will undersell it? Because I dont believe legally he can do it orders usually state fair market value do the average of three independent valuations

When my dad wanted his 33% equity out of the house Mam had to get valuations and average it to give him his 33% he couldnt ask for it to be higher because she had ran the house into the ground

Might be worth contacting Shelter.

Mortgage applications are much quicker than they used to be. There is every chance the offer will be through this week. I also can't see a court ordering you to pay his costs.

I do have proof yes. He’s trying to sell it at the same price it was valued at in 2015. Local prices went up 3% in the past 3 months alone

@ lunar1 - they already have at the last hearing. I’m trying to get them revoked because he’s just lied to bring the case. Claimed the house was to be repossessed. I have bank statements showing I over paid the mortgage by £1800 last year

Might his creditors be trying to force the sale? Has he got other debts?

What a horrible man.

I'm glad you are not married to him.

@planningaheadtoday
He claims the only problem in his life is being on the mortgage without that he’d be buying another house. Well tough shit mate your child needs a home

Then he's a truly despicable man. Who would do that to their child?

I'm sorry this case will be heard by the general courts and not the family courts. They would send him out with his tail between his legs.

I actually think it is family court

You’ve had 4 years to sell or remortgage in your sole name - why haven’t you auctioned this before?

Wow, sorry, I didn't realise they already ordered you to pay it. What an awful man. However this turns out I'm spiteful enough to tell everyone how he's behaved when all this is done.

they may well have already ordered based on the information that he showed them

That doesnt mean it cant be revoked with clearer information

@NorthernSpirit numerous reasons, one of which being that neither of us could afford to have the property stood empty whilst it sold and it was marketed with tenants in it and unsurprisingly didn’t sell. If I hadn’t intervened and put tenants in it the house would have been repossessed, nobody would have got a penny and he wouldn’t have got a mortgage for 12 years. He’d still have 7 years to go.

He won’t be allowed to undersell and deprive you of the profit. The court will order him to repay you the difference between the selling price and the full market value.

So to summarise;
I have bank statements to prove he is lying about the arrears.
I have another estate agents valuation of the house at £330,000 and zoopla showing 3% increase in past three months alone.

He is adequately housed himself with his current wife.

I know I have to get this to the court today in time for Friday and pressumably send his solicitor copies.
I’ll have the mortgage offer by Friday.

Am I missing anything critical please ?

Do I contact him and say what the fuck are you playing at or will that go against me ?

In the mist of all this is the fact that he hasn’t split his pension, actual money not on paper profits despite me chasing him for 4 years. I am supposed to accept from his solicitor “this is hand”

Please don't engage with him before the case comes up at court.

God what a bastard. Get all your documents to the court before Friday. Check the timings so they are not too late to be included. I hope this all works out for you and your DS.

Have you got the original court order as well

I have everything

Send everything you have then

I am pretty sure it will be fine but dont engage with him