please help if you can i cant aford a solicitor and i have absolutely now here to turn...can I force a sale on a joint property if he pays nothing?

[CakeLover0]

I have lived in the property alone 6 years. He pays maintenance but nothing to mortgage. I have struggled and struggled paying it whilst studying/working. We have 2 children. The boiler broke last winter. He wouldn't pay anything to help. We without heating and hot water for 3 months. He will not pay a penny towards anything or help with childcare when he lives around the corner. I have to pay childcare. We havnt been on holiday. We scrape while he holidays twice a year.
I put the house up for sale 2 months ago ( he agreed) sold it but I couldn't find anywhere to rent. I searched and searched. The council said I was to be homeless and we would be placed in a hostel 40 miles away until a house was available. I couldn't do that so thought right let's carry on I've managed 6 years of absolute he'll I can do another 2 as I will then be a qualified nurse.
I had 2 bailiffs on my door 3 days ago (long story - council tax mess up that I honestly didn't owe but hadn't filled in paperwork only showed bank statements- tried to appeal it and couldn't ) they cleared my account (Christmas savings) I haven't got any money in my account. The girls need winter coats. I have back dated childcare and no money for Christmas presents. I'm desperate. So a friend of a friend is looking to buy a property to rent out. He wanted something cheaper than mine but has offered what we owe plus arears. Meaning it's 20k less than asking price but we get to stay in the property. I felt like all my nightmares had ended so I called my exH and he said if I'd sold 2 months ago he would of got 6k and me around 13k. I said I know that but we had nowhere to go. This way, ok we get nothing but arears will clear and the girls stay in there home. He said no I'm not doing that.
Please if anyone can advise me if I can force this sale. I can't get legal aid it's stopped. I have no money and I need to pay childcare next week to go to work.
My mortgage company won't help as I have had to eviction warnings.

Sale and rent back is strictly regulated by the Financial Conduct Authority for the reasons that Dexter and others have alluded to.

Sorry to burst your bubble OP but the buyer cannot rent it to you unless they use a regulated company.

If you can't afford the mortgage then you need to sell.

But not like this and not to fund 1 Christmas. It would also be really difficult to get back onto the property ladder in the future so you will be stuck renting which can be pretty stressful.

Your friend who wants to buy the property is out to make a fast buck. He only needs to give you a 6 month tenancy then can begin the eviction process.

Sit tight and get a proper sale if that's what you want. Get legal advice re a divorce and settlement.

Do Christmas on the cheap. If your girls are old enough to understand that you buy presents not fc they are old enough to understand the situation. If they aren't old enough to understand then it's easy to make a few quid go a long way.

Don't make a decision about the biggest asset you have based on 1 Christmas. You will definitely regret it.

He is a landlord.

Once the £3k has gone what will you do then? It sounds like an awful situation but you need to try to think long term not short term. Having some money for Christmas will be great but what happens after that?
I don't have a lot of experience but you sound like a lovely person who may be taken advantage of. You might trust your friend but is that enough?

Cake, whe are you and what age are your children. I am sure I have some winter coats in the loft if you would like them.

Thanks everyone.
It breaks my heart. I seriously have nothing.
Thankyou everyone. I'm actually thinking different about it after reading. Oh god! It's such a horrible horrible place to be.
I will call my university to see if there is any help. If my mortgage company would just help for 2 years. I will be qualified. They won't and I can see why.

If he is a landlord then he knows how to play the game. I agree with previous posters he's in it to make a fast buck not help you out.

You could be in a worse position if you take this offer.

Also I suspect a court wouldn't support this move either when you lay the facts out and try to force a sale.

Christmas should not be a priority at the moment.

How long do you have left on your course?

The tyranny - oh my gosh you have made me cry. So kind. They're wearing last year's for now. I am going to cab and calling my university Monday morning.

I know. I am taking all of what you are saying on board. Thankyou.
I panicked and now trying to think straight.
I have 2 years left.

It's fine :) message me the details and I will take a look through what we have and send it if something matches.

Cake, have a look at uni webpage you may be able to download the forms for crisis help.

I would really look at the lodger thing too, my children shared a room when I was a student nurse and I had a student lodger. It really helped to ease the burden.

Have you tried to sort the council thing out?

I hope things improve

Thankyou everyone so so much.

Have you had a look at moneysavingexpert.com?

Filling out a statement of affairs (SOA) might help your thinking process as well. Plus there are some great sources of advice on money matters over there.

Idefix- how would that work with my bursary though? Will they count it as income? I have a very very small box room but could try it. I don't know how it would effect my bursary as it's means tested now

Do think that your ex thinks you might be trying to pull a fast one on the sale. Perhaps he thinks your friend is going to unofficially pay you extra money outside of the declared sale price IYSWIM.

Ahh, don't know :( I qualified 5yrs ago and the bursary was a fixed amount iyswim, I know it changed recently.
I know that there is a page about lodgers and the money you earn is below the amount that you need to pay tax on ll will try and find it and add it for you.

It sounds like a nightmare, but this aim of 3k for Xmas seems crazy! We aim for £200. I take it there's nobody for you to stay with? How old are your dc?

www.gov.uk/rent-room-in-your-home/the-rent-a-room-scheme

Plus have 3k in my bank for Christmas.

Why on earth do you need 3k for Christmas

Thankyou all so much.
I'm going to look at that link later properly when I'm home. That could help.
I don't know what he's thinking but he knows I'm desperate.
No not 3k for Christmas. Just so I can relax as Lady said. Also pay my childcare and put fuel in the car to get to work.

you are married? STOP the sale process and get advice immediately about your options.

That makes a massive difference.

Regardless of your agreement for a 60:40 split, a court might award you something totally different. It might award you maintenance payments equivalent to the mortgage. It might award you 100% of the house, or might say that your ex pays the mortgage whilst you and the children live in it, then he gets a share when they turn 18.

It could order him to pay you interim maintenance to cover the mortgage whilst the rest of the case is going through (called 'maintenance pending suit').

None of these are possible for unmarried couples.

Have a look at this advice guide:
[[https://www.moneyadviceservice.org.uk/en/articles/your-options-for-legal-or-financial-advice-on-divorce-or-dissolution here]]