Division of assests

[Magdelane]

My ex and the father of my children wants me to sell the house our children and I live in so I can get him off the mortgage (I have been trying but they won’t accept my sole income).  They want to buy a property together which they can’t do while he is still on our mortgage and he claims he and his new partner can’t afford more than a one bed flat for them and her little girl as they can’t use his income incase I default on the mortgage. He also says this is why he can’t have our children to stay. Individually they earn more than me and combined have an extremely good income. I could not afford to rent or buy somewhere else. I wanted to ask is it normal in this sort of situation for an ex to refuse to use there income in the equation and would, if it comes to it, a court accept this? I can afford the mortgage payments, have a stable job and have never missed a rent or mortgage payment in my life. I am not about to start now with two small children to support. I would really appreciate any advice.

[steve3334]

hi,

 

I don’t have experience with this. All I can suggest is if this is going nowhere, then you may have to seek mediation/legal advice and consider going through courts.

[Gingerbread María]

Hi Magdelane

I’m one of the moderators here at Gingerbread.  As you are seeking advice about your home, you might want to contact our Gingerbread Single Parent Helpline on 0808 802 0925 (freephone).

The opening hours are: Mon 10-6, Tues 10-4, Weds 10-1 and 5-7, Thurs 10-4, Fri 10-4.  The line does get busy so it’s likely you will need to wait before your call is answered.

They should be able to help you explore your options.

I hope this helps with your current situation.

 

 

 

 

[Magdelane]

I already have a solicitor. I had drawn up a separation agreement that he had agreed to the terms of but then refused to sign as he wants a two year time frame put on it and sadly we may have to go to court as I need to keep our home. I want to know if people usually refuse to use their own income, he is using it to put pressure on me that I am depriving a child of a bedroom. The alternative is not being able to provide a bedroom for my own children.

[Author]

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