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Relationships

Mumsnet has not checked the qualifications of anyone posting here. If you need help urgently or expert advice, please see our domestic violence webguide and/or relationships webguide. Many Mumsnetters experiencing domestic abuse have found this thread helpful: Listen up, everybody

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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?

83 replies

CakeLover0 · 07/10/2016 09:07

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.

OP posts:
CakeLover0 · 10/10/2016 07:16

I asked the solicitor when we sold last time. Can I pay with equity and she said only a % so had to find 200 and havnt got it. She said I could push for 30/70 in 10/12 years. I had a intreset only period when he moved out as I had to leave work he wouldn't support with childcare and I was paying out more than earning. He then was out of work for 6 months so I didn't get maintenance. I have 3k arears I'm paying off each month. I have asked a few times they keep saying no. Anything I ask now I will need his consent. He won't answer his home. I begged him before the weekend to sell to landlord so we can remain in the home. After chatting on here I have thought that isn't a good idea now. I know it would be difficult to buy again but I am exhausted. If anything needs repairing I don't have any money. My car needs new tyres and break pads. I owe childcare fees today. I have 26 pound in my account.
If I enforce a sale I will be free from this absolute nightmare. I can save some money at my mums. Be in a better position financially to rent or when qualify buy again. Hopefully anyway.

OP posts:
RandomMess · 10/10/2016 17:22

Please speak to WA they can hopefully help you a solicitor who understands you don't have money up front.

Would your Mum really not help you out at all as a loan?

antimatter · 10/10/2016 17:29

Did you consider renting room or rooms to fellow students?

CakeLover0 · 10/10/2016 17:46

Thanks everyone.
I have 20 mins solicitors app for 10 pound so hoping to be able to pay after sale.
He has agreed to sell via estate agents.
Just posted another thread 'words of wisdom' to say thankyou and was hoping to hear that iv done the right thing. Feeling completely broken and frightened. Almost 40 single going to live with my mum. The unknown is scary.

OP posts:
Justjoseph · 12/10/2016 09:39

Good luck with the solicitor.

furryminkymoo · 12/10/2016 10:32

Honestly even if you get a new offer today for the asking price it's very unlikely that will get cleared funds in the 9 weeks or so until Christmas.

Have you got mortgage arrears? If so clear these as a priority and ask for a mortgage holiday. Take property off sale. This is a bad time of year to sell, put it on first week of new year with a new agent, new photos.

Most agents won't accept a remnant from a sale situation until you exchange, ask the estate agent to put a request for a month between exchange and completion to allow you to find somewhere to rent. Regards rental just get something small for now, even if it means DC sharing a room and sod Christmas,

furryminkymoo · 12/10/2016 10:33

Re childcare costs, be brave and ask for a payment plan while you get back on your feet?

springydaffs · 13/10/2016 10:54

Have you contacted Women's Aid yet? This should be your first port of call. The clue is in the name!

If you haven't then what's stopping you? Genuine q. Because you frantically scrabbling around would end once you got them onside, with their wealth of resources and support on all levels.

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