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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?’

OP posts:
AmywithanL · 20/11/2020 11:14

Only exh is paying maintenance, just...after a year. When we agreed to take the house off the market his response was to stop payments.

OP posts:
Bestbigsister · 20/11/2020 11:14

It isn’t up to any of us to decide what’s “right.” I know you feel badly dive to but you’re not getting the gravity of this and I’m amazed your ex has let it drag on this long.

FelicityPike · 20/11/2020 11:28

Maybe once you’re all homeless the children will go and live with their dads?
You know that you should’ve done more on this situation. It could all have been solved in 2018. Hindsight is a wonderful thing.
Also, you don’t know your ex’s circumstances, maybe he desperately needs the money that he’s owed.

Winter2020 · 20/11/2020 11:32

Hi,
Is it possible to work out what your ex owes in maintenance? If so you might be able to negotiate to take it from his equity when the house is sold - or his legal fees if he trying to make you pay them.

Should his maintenance be recalculated as he now doesn’t see the children. Might he now be liable to pay more? If he isn’t paying what he legally should be that might strengthen your position in negotiations re the house as if he is going to be heavy handed seeking legal redress with the house you can equally so with the maintenance.

MrsBrunch · 20/11/2020 11:43

All the 'reasons' and 'explanations' are irrelevant. The court has ordered you to sell so you have to sell.

Grenlei · 20/11/2020 11:58

The situation is as it is now. I get that some posters feel maybe you have buried your head in the sand a bit previously, but what's done is done. The best thing now is that you keep the solicitors informed of what['s going on re the sale, and try to get that moving forward.

It seems like you've ended up with the shitty end of the stick here, you've basically got sole care of 3 kids, and now have to sell your home too when you are going to struggle to afford a new property. The problem is that there is an order (made 2 years ago now) requiring the house to be sold, so rightly or wrongly that's what you have to try and make happen, even though it may not seem very fair.

I think Winter2020 makes some good points; is there any order around payment of maintenance? You could ask for the arrears to be taken into account when proceeds are split as suggested.

For future payments, if there's no order for maintenance and it's all by agreement, work out if you might get more going via the CSA and make an application, both for your older children and for your child with your Ex partner. Both fathers should be contributing, especially if they don't even see the children any more.

In terms of the guarantor, you might find that some landlords would be willing to accept a larger deposit, or several months rent upfront if you don't have a guarantor (you could use part of your share of sale proceeds for this). See if you can find a property where the landlord is self managing it rather than via an agency, they can often be more amenable. Ask around locally - do you know anyone who rents properties out in your area or knows someone who does? The rental market can be quite competitive so anything you can do to gain an advantage is good.

dontdisturbmenow · 20/11/2020 13:01

Mortgage is in arrears as he stopped paying child maintenance so my credit rating is shot
So you didn't pay the mortgage and his credit rating would have been affected too.

It's not so much about him having somewhere to live but ensuring your actions don't ruin his life. This is most likely why the sake was granted in court. You only took it off the market because of the suggestion if your partner buying him out. Why didn't it go straight back for sale when this fail through?

Your situation is obviously not great and it must be quite frightening, but your desperation from your partner and not able to work FT because of your youngest child is nothing to do with him. He wants to move one break all links and the court decided that he was entitled to that. You need to accept that the house must go and you need to find different accommodation.

CharlotteRose90 · 24/11/2020 22:49

You know what I think if you can afford to pay for it yourself then I think you should be able to keep the house till the kids are 16. Might be a shit situation for him but he chose to move out I’m guessing and he chose to have a family so it’s tough shit

Collaborate · 25/11/2020 07:38

@CharlotteRose90

You know what I think if you can afford to pay for it yourself then I think you should be able to keep the house till the kids are 16. Might be a shit situation for him but he chose to move out I’m guessing and he chose to have a family so it’s tough shit
*Ill-informed advice claxon*
AaronPurr · 25/11/2020 07:40

@CharlotteRose90

You know what I think if you can afford to pay for it yourself then I think you should be able to keep the house till the kids are 16. Might be a shit situation for him but he chose to move out I’m guessing and he chose to have a family so it’s tough shit
Do people really believe this shit? Hmm
Covidzilla725 · 25/11/2020 20:41

This is my understanding, please correct me if I am wrong

If your ex partner had wanted to take on the mortgage. Surely he would have to have bought out your ex husband. Then you & your ex partner remortgage. Your ex husband would then have received his half of the property.

It was not just a case of your ex partner taking over the existing mortgage ?

I agree that both eyes should be paying you child maintenance via CMS

I sympathize, yet again two males have walked away & the female is left in a mess (in more ways than one) with the children

Good luck

Covidzilla725 · 25/11/2020 20:42

Auto correct
Eyes
Should be exes !

ChateauMargaux · 27/11/2020 11:22

I haven't read all of the replies but can you advertise the house as for sale, no estate agent, no photos and no viewings until after 20th January due to COVID and isolation. Put a holding comment.. virtual tour in preparation, please check back soon. Don't drop the price. www.houso.co.uk

Can you submit a claim for 10 months of missed CSA payments?

I am afraid I don't know how you will house yourself and your children when the house is sold though. I am very sorry you are in this situation.

CayrolBaaaskin · 27/11/2020 11:53

You won’t end up homeless op - surely you should have enough to pay six months rent up front. That way you could get around having a guarantor for a rental property.

He should be paying child maintenance- was he not paying because of a change in finances? Did you have an order from court or CMS assessment in place?

Tbh I can understand his frustration in you not complying with the court order especially as you have gone into arrears on the mortgage. That will affect his credit rating.

Aldidl · 27/11/2020 12:15

Auction should really be considered to improve certainty of achieving a sale.

Queen0fT0day · 28/11/2020 13:03

Auction

You decide the minimum price of sale

Ensure that you read the terms of the auction, you may need to pay a percentage or a set fee for the sale

Ensure that you know when you will receive the transfer of money

The sale of the property would need to go via a solicitor & the Auction company should be able to recommend one to you

Get at least 3 valuations first from local estate agents

I think that decorating, is actually distracting you from the tasks that need doing

Sell property
Find somewhere new to live
Claim child maintenance from both exs
Work & look after children

If you are in UK
I believe that you can sell property & claim universal credit if you rent. I believe that the money from property sale is disregarded for a set time period

Lots to do

Good luck

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