Force sale/equity

[Qymmommy]

Hi
Looking at forcing the sale on my old home!
3 years ago i left my mortgaged home (jointly owned) as I wasn’t happy in the relationship we have two children under 10 together and took them with me and I started renting a property! Since I left I haven’t paid towards the mortgage, but he’s paid nothing towards the children.
He said he was willing to sell 2 years ago he said I only taking 5% of equity because I hardly put anything towards the mortgage but I paid my share (bills food I did put towards the mortgage too but not as much as him because I was working part time and looking after our children) any how I agreed as I just wanted the money so I could buy another house, (he will have those messages saved on his phone that I said I would except the 5%) obviously now this is 2 years and no house up for sale, every time I ask what’s going with house, he says he’s getting it done up so he gets more for it, He doesn’t even live at the property anymore it’s empty as he lives with his girl friend and they have had a baby together.
I’m getting rather fed up, I just want the house sold and I would like to try and get 50/50 equity but I’m not too sure if I will get it as he will have message saying I would except 5% and the fact I haven’t paid nothing towards the mortgage in three years.

Any advise would be much appreciated
I’m at my whits end I have booked to see a solicitor but appointment isn’t for another two weeks sad

Well you do need to sort it out as you continue to be jointly and severally liable for the mortgage, especially if he stops paying.

What equity is in the property? You need to balance things in your own head as he hasn't paid child maintenance but I don't think the court will be interested in that as it is separate and you could have gone through CMS

It sounds like assuming you are not married it could be a 50/50 split unless there is an agreement otherwise

No we wasn’t married, if he did stop paying then I would pay because it would obviously to me no favours when I take a new mortgage but he wouldn’t stop paying because I think it seems like a security net for him as him and his new girl friend have split a couple of times. I didn’t ask for child maintenance because he pays the mortgage, I thought that seemed fair, as child maintenance would of been 300 a month and the mortgage is 450 a month.
There will be about 55k equity

Given house much he has messed about and not paid child maintenance I would like at 50/50 and apply to cms now