Ex wants to sell house

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  • #18180 Report

    Sarah19780
    Participant

    Hi

    Not married. Joint owners of a house. Two kids. I run a childminding business from the house both living in the house. Ex has just said he wants to sell the house if I don’t agree taking me to court.

    He wants to split equity 50 50. With his money he can buy a flat and get a mortgage. It’s not enough for me to buy though so I’d have to rent and I can’t work from a rented house.

    If he gets his way I will lose house and my business .

    Any one else been in this situation and what the outcome will b in court??

    Ty.

     

    #18181 Report

    Schubert
    Participant

    Hi there.

    Can I ask who the children will live with on the long term?

    The ex is talking about taking you to court, so Form Es to be completed and exchanged?

    There are various options available including a mescher. If the kids are with you, their needs will be taken into consideration.

    If you lose your business and your financial position is at a significant disadvantage to his, spousal maintenance could be considered.

    In the meantime, make sure that your claiming everything you can and get all of your financial documents together just in case.

    Wishing you really good luck

    #18182 Report

    Sarah19780
    Participant

    Ty

    The children are staying with me.

    I’ve asked him to be fair and give me 3 years ish to sort myself out but he’s insisting on selling in Jan. He doesn’t care I’ll have no income and kids will have to leave there home and probably school.

    That’s a bit reassuring ty.

    #18187 Report

    Schubert
    Participant

    It doesn’t work like that. I’ve been through it all.

    Your ex works?

    #18188 Report

    Sarah19780
    Participant

    Hi

    What do u mean it doesn’t work like that??

    Yes he works full time as do I.

    Ty

    #18192 Report

    Schubert
    Participant

    He’s bullying you. I’d take some advice. Yes he can apply to the courts for an order to sell but you have children and they need to be housed.

    In the meantime please claim everything you can.

    #18211 Report

    Sarah19780
    Participant

    I have paid mortgage 50 50.

    Yes I can afford to stay here on my own.

    Not asking to stay here forever just have some time to work out what I’m gonna do. I do work from there plus I have out kids to look after.

    #18272 Report

    Nicolemotherof2
    Participant

    Hi Sarah,

    You definitely need to get some professional advice as the law is different if you are not married. There is something called a continuation order whereby you can ask the court for a specified amount of time to stay in the house. I don’t know what the situation is with common law rather than matrimonial law. I am looking into continuation orders as in a similar situation but the continuation order is an extension of matrimonial rights to the home. Best thing you can do is get legal advice as soon as you can. Even just an initial appointment can give you so much information.

    Another thing to note is my solicitor said that equity split starts at 50/50 but children’s needs fit into the equation too so it maybe that you ex would receive less than 50% share.

    Sorry that is not much help.

    Nicole x

     

Viewing 8 posts - 1 through 8 (of 8 total)

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