Forcing sale of property - financial settlement

[needagirlsnight]

Hi I wondered if anyone has advice or experience of having shared care 50/50 of the children and forcing the sale of the marital home?

Divorce finalised 8 years ago, ex still hasn't "used best endeavours" to remove me from the property and this is still preventing me from getting my own mortgage. My solicitor thinks judge would order the sale as the children are disadvantaged when with me as I cannot get a mortgage to provide secure home. Also ex missed mortgage payments a few years ago which ruined my credit record.

Ex does say will remortgage but never actually does it so enoughs enough and I am starting the next steps to take this to court.

The costs are eye watering and it seems so unfair that I have to fund this when I'm the one at a disadvantage.

Anyone had experience of this when sharing children 50/50?

Also I forgot to ask

Is it possible I can do this myself via the court without a solicitor/barrister? I can't afford the fees but I need to get this in front of a judge as the ex is purposely stalling to avoid having to remortgage.

Would I be able to pay court fees but do everything else myself?

Did you not have a financial court sealed settlement in your divorce? Is it better for your children to stay in their home even though financially you are less well off than their other parent?

With regards to legal advice Google the name of your town (or the next nearest big town/city) plus “law clinic” and/or “law centre” and you may find some free legal advice. Also, do you have home insurance with legal cover? That may also get you in front of a solicitor.

We got as far as completing and both signing the consent order and ex gave me funds to buy me out but down to solicitor incompetence it was never sealed in court so legally we don't have a sealed consent order

The children have two homes, 50/50 split. I am stuck renting unable to buy a property because of that mortgage. Financially I am not less well off, it's the opposite, I'm just stuck on that mortgage.

Thanks @VanCleefArpels I already have legal advice and have paid for it, it's the costs of representation (starts at £1800) that I don't have right now so I want to take this to court myself.

Everything I've read refers to the children's home being the main consideration of the court but I can't find anything on 50/50 care.

My solicitor says the judge will see that the children's 50% with me is at a disadvantage due to being tied to that mortgage and thinks judge would order sale so that we can both buy a home to house children when at each home.

Just wondering if anyone has experience of forcing the sale with 50/50

Would a Mackenzie Friend help in this situation? I'd certainly think you can self rep though. There's lots of lovely helpful Facebook groups who can point you in the right direction as well.

You're in a fairly unusual position tbh. What did the consent order actually say about buying you out and getting your name off the mortgage? Bear in mind that a lot of children of divorced parents won't have 2 mortgaged homes to go to.

@RedHelenB it said he would use his best endeavours to remove me, solicitor says this doesn't stand as was never sealed in court so she would push for a new consent order which instead asked for sale of the house.

To complicate I have a new child with new partner so our housing size need is bigger to accommodate all of us and we need to buy rather than rent to afford it. Currently we are very cramped.

Ex has no intentions of removing me as it will cost money and time and still gives ex an element of control

But he's paid you the money for your share of the house already? Can he afford the mortgage do you know?

Yes he paid me with the verbal intention of remortgaging in his own name and he's just never done it.

Yes I'm sure he can afford it, he's just dragging his feet and can't be bothered with any land registry fees or remortgage costs etc.

I suspect the mortgage rate would go up too so he's doing his best to avoid having to remove me.

I just feel completely trapped even though we're divorced and that I can't adequately house our children whilst he sits in the property messing up my credit record

Might have to bite the bullet and pay the money to go down the legal route then. Maybe might be the spur needed for him to get the mortgage in his name. Not so certain that a judge would face a sale though, given that you were paid out.

@RedHelenB that's what I'm hoping that when he sees I'm serious he might actually follow through with his promises.

Can you ring the bank and ask about a transfer of equity? Explain to them what has happened and that you are stuck until you are released from the mortgage itself. They might send her out forms to fill in to see if she is financially able to afford the mortgage alone.

He sorry!

So basically he needs to remortgage in his name only? What a ballache for you.

Could you off to pay any fees for a new mortgage - would stick in the craw but potentially cheaper and less hassle than court. Do everything you can to facilitate this - suggest mortgage advisors, do the legwork, babysit your kids (when it's his turn).

How long until the mortgage is paid off? If it's been 8 years since your divorce can you hold off? Buy a smaller property to rent out so you have a footing for when you're free?

@Pickledpenguin I did that and they said they needed to speak with him to process. So he said he called them and started it but this was months ago and keeps saying it's being processed but I don't believe him now it's been too long since he said that.

@Scarify I could do that

I could offer to pay half of any fees that arise in the hope that this incentivises him

@Scarify there's another 14 years on the mortgage

So are you on the deeds still too? If so they you can tell him unless he gets his finger out you will take him to court and force the sale of the house. There was a clause in my divorce stipulating that I had to make the best effort I could to release ex off mortgage in order to then remove him from title deeds so every six months I went to the bank, filled in financial statements etc until finally they approved it, I wanted him off my deeds as much as he wanted off the mortgage. From date of divorce it took 6 years in total to get rid of him off everything.

Yes still on the deeds, I've threatened him with court in the past via a solicitor letter and he actually took offence as if I was out of order!

He still didn't bother and I've put off court action until now as I couldn't afford 5k in legal fees. I am now planning to take it to court myself without legal rep. Here's hoping it prompts some action!

I would move back in so. Go over there one day and pack all his shit up and leave it outside and tell him either he sorts out the transfer or he finds a new place to live. Fuck that shit. I hate people who drag their feet entirely to annoy another person.

@Pickledpenguin that would be fun and games haha. He actually changed the locks which he legally shouldn't have and moved his new partner in! - taking me for a complete mug!

Pick the locks, go in and get her stuff and throw it out so. She is living in YOUR home after all lol

Seriously though thats really annoying.

Why do you think you can't get a mortgage? Even with the previous mortgage and some adverse history, a whole of market mortgage broker will be able to find you one.