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?

Perhaps @Collaborate or @prh47bridge could help? You need legal advice desperately can you contact any charities which offer legal advice if you can't afford to pay for advice?

Not sure if you will have already acted, but I’d say call Shelter, they’re brilliant and know all the law, also you could ask for this thread to be moved to Legal Matters and someone there will give you professional advice.

Don't believe him or his lawyer when they are telling you it's likely to go his way.

(Apologies, just realised we are in Legal Matters!)

Well they dropped a Clanger today. The whole thing has been a comedy of errors but I’ve been asking him for his solicitors details so mine could write to him to commence the sale for literally years. I asked today one final time for his solicitors details and they wrote back saying he’d never instructed them to act for conveyancing. I have a text from him saying he has.

It’s a total shitstorm

@CuteOrangeElephant my concern is I’m told judges rarely over turn another judges decision

Op i do hope that this shitty situation gets resolved for you and your son. What a bastard of epic proportions your ex is to want to make his ds who is half his flesh and blood homeless and of course wanting to make you homless too just to get one up... spineless twatmuffin that he is

Just bumping in case anyone spots a glaring obvious point I’m missing. Thank you

Ring Shelter!

What kind of man would do that ? Christ

Hope it gets resolved OP

Have you paid for any repairs or improvements

@GreenTulips I’ve spent thousands and not only that I’ve paid £8,000 in mortgage interest that I wouldn’t have needed to if he’d sold the house to a year ago

take that as proof as well

Good luck tomorrow

So he did get costs awarded
The eviction order was not refused but to be reviewed in 2-3 months

will that give you time to apply for a mortgage and change the siutation

It does but it’s also another £4,000 to find in 2 months

The courts are so shitty and full of shitty judges, I can't believe they awarded him costs!

I have to keep telling myself it’s only money, I got the child.

Let me add my view as a solicitor.

4 years ago you agreed an order that said you'd sell this property. It was tenanted and you lived elsewhere. The whole of the proceeds were to come to you. It was agreed to be sold because neither of you wanted to live there, and you agreed that he needed to be freed from the mortgage. Either you would have agreed to remortgage at the time, or sell it.

For 4 years you made no effort to sell it. When the tenant moved out you moved in. He saw no prospect of you selling it and applied to court for enforcement. At a very late stage you applied for a mortgage, yet you still haven't tried to sell it.

That is why he got an order for costs.

As for instructing solicitors in conveyancing- why would he? He hasn't got his enforcement order yet, and there is no buyer on the horizon.

The judge probably adjourned it for a short time to see if you come up with the mortgage offer. If you don't?

Collaborate - there were efforts to sell it along the way. It’s been on the market. What was over looked by him 4 years ago was there was no way I could pay the mortgage. I was on benefits he was in cloud coockoo land but tyat suited him as much as me to have tenants in there because tyen it didn’t get repossessed.
Mortgage offer is happening but tbh if he pushes me any further, I’d rather have it repossessed and his name blacked than £10,000 tbh

to be honest can you afford to move out and find somewhere else. If so I would go actually because if he is going to want you out then you dont have to pay the mortgage anymore and leave him to it

It is very tempting however the court order says I have to pay the mortgage and we are talking potential profit of £50/60,000 after all this I don’t want to walk away from it so I’ll just stop moaning and get in with it I guess.

Can you rent a room to lodger short term to help out paying the mortgage?

I’ve tried that before nobody wants to share with a child