Can husband force house sale if he pays the mortgage?

[stbex]

Abusive, violent husband with ongoing MH issues (depression). Awaiting assessment for ASD. Police involvement on 3 occasions where he was threatening or actively hit out (always me, never the children but they witnessed this).

Never had joint finances. He categorically refused to do this. We've jointly owned a flat where I put down the deposit and paid for legal fees (all evidenced via bank transfers, etc.). We moved into a house just recently (6 weeks ago) and again, I contributed a large amount to the deposit. Jointly owned- 50/50. He recently had a rant and hit me and I called the police. I didn't press charges because he pays all the mortgage (has always insisted he'd be in charge of the mortgage) and bills (earns almost double my salary) and I cover nursery fees, etc.

Our marriage is over (has been for a long time but has taken me time to come to terms with it) and husband was released from custody and returned home. However, threats have no started with him saying he'll make it his business to make me homeless by forcing the sale and taking my share of the house because he's always paid the mortgage (money goes out of his account). This would leave me in a ridiculous situation- I can't afford the mortgage repayments on my own and the childrens fees and household bills. I can do one or the other. He is going to make this as hard on me as possible. He claims the law will side with him as he can't afford to pay the mortgage here and find a place to rent on his own.

What are my legal options? I'm scared and have buried my head in the sand for too long but it's now time to rip the plaster off and take stock of my life/situation. DC are 2 and 4. Older one has additional needs and goes to a specialist private nursery and likely will continue there through school.

Not if there are children under age of 18 and you get a solicitor asap

It’s not enough. She can’t afford to live there.2700 plus at best 1k is 3700. Mortgage is 2200, giving her 1500 a month. Nursery is 1600. She also has to pay bills, food etc. she can’t afford a 2200 mortgage and he wouldn’t be expected to give that much in cm

so if nursery is 1600 and she clears 3700 she really needs to live somewhere that costs max 1k a month

Oh-and if you can do so safely, try to record any threats.

Yes I know franken I did suggest a lodger as well but I realise it’s still extremely tight. That’s why I suggest an I&E and looking at ways to cut costs as OP is determined (underdtandably) to stay put in the house.

Okay, you say you can't sell because your mortgage is less than 6 months old. You moved in 6 weeks ago. This means you could sell in 4.5 months.

I think you should sell as soon as you can, get your share and use the money to buy a smaller place in the same area. It may have to be very small considering what you can afford, or you may have to rent, but consider it a way to get the ground under your feet again.

CM should help cover nursery fees and the oldest will soon start school anyway, which should help your finances.

It's going to be hard, no question. But it's better than to keep living with your husband, he sounds deranged.

Sorry to add a one grand a month mortgage is prob about 200k depending on time it’s taken out etc she earns about 32k a year. , so if maintenance taken in she could likely get up to 200.

if equity is split equally, (it doesn’t look like the op ring fenced it) then she needs to use that as a deposit, and then get a mortgage and buy a smaller property , she can’t afford that mortgage.

Agree. I think it’s the only way. It needs to be sold in 4.5 months (it takes 4 months on average anyway so she can put it up now) and then plan to move someplace smaller.

OP I have to say reading zalturka post I think that’s the most sensible option. With rates rising, even if you could scrape the money together a while, it could then be very tough. I do think you need to see a solicitor asap though and most importantly get that violent horrible man away from you and your children.

Apologies if I’ve missed this OP but have you checked your entitlement to any benefits for your child that has additional needs. I don’t think those benefits are means tested.

Please also contact an organisation called 'Surviving Economic Abuse' they have a helpline.

As well as solicitor.

You are married so assets will be split 50 50 I would urge you to try to stay in your home.

OP, it sounds horrendous. But I really think the best thing to do is see a solicitor rather than try to work out various options on here. The advice upthread about your entitlement to legal aid is good - have a look and find someone to go and see as soon as you can.

There are lots of variables but a solicitor should be able to help you take a step back and start from first principles.

I would also make sure that the police know how unsafe you feel. Could you talk to the domestic violence team and social services about what could be done to protect you and the kids? Do make a record of the threats he’s making.

Also, to reassure you, the stuff he’s saying about the courts is bullshit. They are obliged to put the needs of children first and his needs would only be those of being able to house them - if he is still having contact by that point.

Are you positive you don't qualify for universal credit? With a child with special needs and childcare costs I'd be surprised if you didn't qualify for some.

Sounds like also you may want/need to consider an injunction there was an organisation that offered them for free. WA will known. That would at least five you the space to deal with finances.

Don't rush into anything else - you may be able to hold on to the house.

Also contact rights of Women. they are more difficult to get hold of than SEA.

survivingeconomicabuse.org/

Helpline number on there

I think you need to accept that sooner or later you're going have to sell the house. If you end the relationship it's very unlikely you can compel him to keep paying the mortgage indefinitely and it's clear you won't be able to afford the mortgage yourself.

Gosh - keep calm . Small steps and look after your mind . You have got this remember - you have written in the thread so you have the courage to reach out , that is positive step you have done for yourself and your children. You are not alone. There are a few Solicitors that specialise in Domestic abuse - get them to give you an hours free consultation . Google some and look around. The more free advice you can get - you build structure for yourself and get things back in control .

Or speak to Citizen advise bureau - www.citizensadvice.org.uk/

Escape route planning and you will probably need a couple of plans if your husband is unpredictable.

Husband sounds like he has lost it - it is hard imagine what you are going through and to navigate these rough waters. Try and let the threats go over your head . You are strong woman - don't forget that .

The biggest step is coming to accept that following divorce everyone's standard of living will reduce.

I'm afraid you won't be able to afford to keep the house with a mortgage that large.

You will have likely 50% of the equity in the house + 50% of any other asset value. That may be enough to buy a much smaller property or may need to rent.

It is likely that you will get some benefits.

It is likely that you will get child maintenance from him, although he may try to get 50:50 care and you may have to resist this.

I'm sorry you are going through this 😔 but even abusive people aren't financially disadvantaged through divorce in the UK

www.dvassist.org.uk/

Have you contacted these?

Lost all the marital assets. House, savings, both pensions.

You could take a bigger share of the equity in the house instead of his pension. But you need a solicitor to work out a fair deal for you.

It's unlikely you can keep the house.

Are you sure you won’t get universal credit? We have a monthly income that exceeds yours with one child and lower childcare fees and get help!

It’s a massive mortgage for someone on 32 k a year to take on. Yes maintenance benefits etc, but no one in their right mind would advise this. The op needs to live somewhere affordable.

Selling the house will never be a quick option. Court processes etc necessary.

Just be aware as hard as it is that quite a bit of what he is saying are empty threats, designed to make you cave in.

No wonder you are scared, but try to switch your rational brain on and stay as calm as you can to think it through.

Wouldn't rule that out at all at this point.

As mentioned, decisions around this if they go through the courts are not going to be a quick fix and that will likely work to your advantage as you can plan better and digest information you are getting.

Contact the mortgage company now and let them know about the marriage breakdown before any payments are missed - they will probably have options for cutting you some slack while things are resolved, if they know in advance.

Get legal advice. Obviously he is awful but courts will consider that he needs to house himself also. Mersher orders aren't as common anymore and usually you would need to pay the mortgage. Figures just don't add up here so you may need to sell.