Any advice on pressure to sell house ?
18 March 2018 at 11:34 am #8840
Good Morning all
I have been seoerated from my husband for 2.5 years. Our three teenage boys live with me. Our mortgage is in joint names and I have stayed in the house with the boys.
My ex pays £100 per month on the interest only mortgage payment and this is all he pays in regards any money to me / maintenance etc. He has MS and only able to work part time self employed at home. He lives in a rented flat with help from housing benefit.
I work 25 hours per week and manage to scrape by, only just but it’s becoming more difficult by the month. My ex has recently needed to move flats and says he is no now long eligible for housing benefit as his name is on the mortgage (he didn’t declare this when he first received benefits)
Talk of selling the house has cropped up before as he said since he is unsure of his future with his illness and possibly not being able to work etc, he could do a lot with the money and feel more secure financially. I feel guilty that I have the house with the children and he is living in a not very nice flat but at the moment it seems the sensible option to stay in the house while we can pay interest only for another four years.
Does anyone know what the situation is regards if the partner is unable to afford to live elsewhere and not entitled to benefits as has equity in a house – if the house does need to be sold ?
Thanks in advance 🙂18 March 2018 at 12:47 pm #8841
This is one of the things that people don’t think enough about when they separate – that where you would have previously shared finances your funds are now divided and you have more expense incurred. Legally, he owns 50% of the house and it’s not like he’s been mean in the past. He’s not had the comfort you’ve had and now he needs the money. As it’s only another four years left on the mortgage it might be an idea to consider him moving back in for that period. Your teenagers in that time will have started leaving home one would hope, or certainly have the money to contribute to the house if they still live there. At that point you can look at selling and both getting somewhere smaller or better for your separate incomes. If you can’t do that, then obviously that’s what’s going to happen anyway only without the children contributing and you needing to downsize, which I’m sure would not be great for your children, especially as they are entering exam years, and greater socialisation/maturing needs. My advice is you’re both separately struggling financially, and it’ll be worse for you if the house is sold by the summer, but he can’t afford to live and he has half equity of a house which is his only lifeline. If he doesn’t have to pay rent and you can share the costs of running the house and food then immediately the finance burden has eased hugely.21 April 2018 at 1:51 am #10441
Not sure if its of much help but you cannot be forced to sell the house whilst you have a child that’s in full time education up to the age of 18. So until the youngest of your three leaves full time education and/or reaches the age of 18 you cannot be forced to sell your house by anybody, creditors your ex or the mortgage provider. Even if your ex stops paying the £100 it will be added to the outstanding mortgage to be paid off when the house is eventually sold and the lender will just have to accept what you can pay towards the mortgage until then. Hope this helps and you will need to check with a solicitor. You may get Legal Aid to cover the solicitors charges if there is a threat of losing your home, or a fixed fee one hours advice if not. I sympathise with your ex but he should be able to claim PIP for his MS to supplement his income and help with his rent. Good Luck.21 April 2018 at 9:32 pm #10450
I lived in my house which was bought in my ex husband name when we married.
He took me to court to get his name off property when he moved out although I was paying the bills
My 4 year old is not his child but I was told if I did not find the money to buy him out the house be put on the market. He lives with his mother and she has given him her house and its in his name so it wasn’t like he had to pay rent and had no.where to go.
When my daughter turns 5 years old I have to find 32k to pay him off
The judge said that my ex can force me to sell If I don’t give him the rest of his money
When you go to court all your assets is put in put anddivided equally whether you have children or not. I was fortunate to stay as I have a good job but it was not easy . You Need to get free advice because he is looking for his money at the end of the day because he contributed to.the house