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Court order to sell home but change of circumstances

91 replies

AmywithanL · 18/11/2020 18:26

Just as the title says really. Been divorced for 5 years. I stayed in marital home with our 2 children paying mortgage by myself. Both got new partners and he re married. Understandably he wants his name off the mortgage which he eventually got a court order for and I agreed to sell. Mortgage is in arrears as he stopped paying child maintenance so my credit rating is shot. House was in the market for a year with about 6 viewers in total all saying its too small or needs work. My partner agreed to come on the mortgage with me and take xh off but that fell through. Xh and his wife are living in their parents old house with no mortgage. I recieved another solicitor letter stating me to sell my home immediately or I will have to pay ex legal fees. My partner and I have separated so im single with 3 children. ) My ex hisband isnt aware of this I dont think as we have had no contact this year) Im happy to put my house on the market but as im i the middle of decorating it and with the current situation I said I would sort estate agents early next year. However my ex isnt happy with this and wants me to put on market now.
Will things be different now im single? Can they still make me pay his costs and force me to put on the market. I mean im happy for it tongonon the market, bit the house isnt really picture or viewing ready yet and as its coming to christmas I dont want to have to faff with all that just yet! And advice please?? Or have I not a leg to stand on?’

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Calcifer12 · 18/11/2020 18:39

How much is the equity worth?

RedHelenB · 18/11/2020 18:46

Might be best to explain the situation to your ex first but I think that as a court order has been made he is within his legal rights to insist on you selling ASAP.

AmywithanL · 18/11/2020 19:49

Id say equity could be around 15k max
The court order was made, then he agreed just face to face that I would stay and my partner at the time join and take his name off...however like I said we are no longer together now. I cant even afford to get a solicitor myself sk how am I supposed to pay for his??! Can this actually be forced cause im not putting my house in the market right this minute?! We’re in the middle of a pandemic on the run up to christmas for heavens sake!!

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DelilahDingleberry · 18/11/2020 19:52

If there’s a court order, you either need to comply or you apply to court to have it changed/set aside. Being in a pandemic or coming up to Christmas has nothing to do with anything.

AmywithanL · 18/11/2020 20:24

Like I say im not digging my feet in at all. I want to sell the home as much as he does....I dont see the need for the urgency is all. Specially since he is living mortgage free in a house he can stay in.

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CoffeeRunner · 18/11/2020 20:31

Are the 3 children all your ex’s? Are they all under 18?

If so I would apply to the Court to have the Order set aside.

Your ex still thinks he has a mortgage for your home with another partner. I can understand why he wanted it sold TBH.

Also why is he no longer paying maintenance? You need to pursue that ASAP too.

SleepingStandingUp · 18/11/2020 20:34

Why isn't he paying CSA?

Honestly you just need to get it on the market. If it doesn't sell, it doesn't sell but get it up and people can see what state it's in and offer accordingly. At least then you'll have a chunk of money to get yourself a decent rental and move on

And sortb the CSA

MrsPernicious · 18/11/2020 20:37

Your mortgage is in arrears but you can't sell because you have the money to redecorate?

Big girl pants time. Get maintenance sorted. Sell the house (make sure you get a sensible proportion ie more than 50%) and move on.

AmywithanL · 18/11/2020 20:47

2 of the children are his, 10 and 8. My 3 year old was with my previous partner.
Court order states 50:50 equity.
He has just started CM again but he wasnt for the last 10 months. He said it was too much so he had to stop work.

Im re decorating with paint i had in the garage from a couple years ago...its literally just to freshen up the walls ready for the estate agent photos

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DianaT1969 · 18/11/2020 21:00

Is the bank talking about repossessing it?

CoffeeRunner · 18/11/2020 21:04

Will you be getting CM from the father of your youngest child?

If so, with your income & CM from both fathers can you afford the mortgage & upkeep of the property on your own?

If yes, apply to the Court to set the Order aside. If no, sell up ASAP & use your equity as a good rental deposit.

AmywithanL · 18/11/2020 21:17

No, my mortgage company have been very understanding of my situation. Ive been paying off the mortgage and arrears my self for years. I can afford the mortgage, up keep and everything. But because of my arrears and bad credit rating mortgage lenders will not touch me...
I want to move, its only a 2 bed but theres never anything around here close to my childs school thats suitable to rent.

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AmywithanL · 18/11/2020 21:26

Thank you all for your advice by the way. Smile

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DelilahDingleberry · 18/11/2020 22:28

Presumably the court were already aware that it’s the children’s home when they made the original order for a sale.

BingeOnChocolate · 18/11/2020 23:05

There's a mortgage company called bluestone which do mortgages for bad credit apparently. Find a local broker or a specialist in bad credit broker to help see if they can support. I was reading about it on moneysupermarket earlier.

Collaborate · 19/11/2020 11:59

@CoffeeRunner

Are the 3 children all your ex’s? Are they all under 18?

If so I would apply to the Court to have the Order set aside.

Your ex still thinks he has a mortgage for your home with another partner. I can understand why he wanted it sold TBH.

Also why is he no longer paying maintenance? You need to pursue that ASAP too.

OP cannot apply to set the order aside. There are simply no grounds.
Collaborate · 19/11/2020 12:00

@MrsPernicious

Your mortgage is in arrears but you can't sell because you have the money to redecorate?

Big girl pants time. Get maintenance sorted. Sell the house (make sure you get a sensible proportion ie more than 50%) and move on.

What makes you think OP could secure more than half given that there is a court order in place to determine who gets what?
AmywithanL · 19/11/2020 12:51

Thank you Collaborate...I was just going to ask about the setting aside. The only reason Im not putting the house on the market just yet is soley because im in the middle of decorating, bare walls, damaged doors and just a worksite! Im working on it everyday in between looking after 3 children and working so I doubt very much it will be done before Christmas. I know what estate agent I want to use, it is an express one and I will be happy to seek those in January. I really think it is unfair that my ex is refusing to wait until then and force me to pay for his fees!

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AmywithanL · 19/11/2020 12:54

Can I state my reasons in a letter to the solicitor or will they not be taken in consideration now. They have said in a letter I received yesterday that they are applying to court in the next 7 days and I will next here from the court

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stillfeelingmad · 19/11/2020 13:23

When was the order made for sale?

AmywithanL · 19/11/2020 13:44
  1. I put it on the market before the order was made and it was up for a year. Had about 6 viewings the whole time.
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DelilahDingleberry · 19/11/2020 13:51

The order was for it to be put up for sale immediately and that was in 2018? And it’s in arrears?

Why not just put it up for sale now and explain decorating/works are ongoing?

Bestbigsister · 19/11/2020 14:03

What happens if you don’t comply with the court order OP?

AmywithanL · 19/11/2020 14:04

I can, I just really dont see the point! And having people come into my home when we arnt even allowed to see our family because of covid. Just doesnt make bloody sense!

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AmywithanL · 19/11/2020 14:04

Apparently il have to pay his fees.

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