Scared of losing home!

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  • #45182 Report

    MaccaJ5
    Participant

    My husband left me a month ago. He had been chatting to someone online behind my back. He has moved several hours away to get closer to his new partner. He has seen our 10 year old daughter once since he left. He has also not paid any child maintenance yet, so I pursued this but CMS. He initially said he would pay half the mortgage, but on only the second payment date, has decided he cannot afford to do this & pay his own rent/bills. He has left me to manage mortgage & all household bills myself, aswell as 100% of childcare.

    Since he left, I have had to reduce my working hours from 33 to 22 so I can care for our daughter. He has left me with £30,000 of debts, so I probably wouldn’t get a mortgage in my own name so that I can try to take over our mortgage in my own name only. He wants the house sold & he wants 45-50% of the equity.

    He is in the fortunate position of having his previous matrimonial home with his ex wife on the market, when that sells he will receive a lump sum of around £50,000.

    I feel that he is trying to force me to sell our home, with no choice other than to rent a property for myself & my daughter, as bad credit & debt will likely prevent me from remortgaging our current home or mortgaging another property. Does anyone know what the likelihood of him being able to force the sale of our home is? He is trying to leave me with all responsibility for providing S home & childcare for our daughter, while he runs off with his lump sum to purchase a new home for himself & his new partner. Is this likely to happen?

    My solicitor seems to think this could be the outcome for myself & our daughter. I’m waiting on the outcome as my universal credits claim, so I’ll know how much of a monthly income I will have.

    Thanks for any advice or experiences you feel able to share. Xx

    #45188 Report

    Jsmoove
    Participant

    Hi,your EX is entitled to pay half the mortgage if his name is on the mortgage,if your house sells u would at least be entitled to 60% of the equity as you will be the prime carer of your child,also even though he has a house with his ex you may be entitled to a chunk of that as well,get yourself a better solicitor as he can’t force sell the family home until your daughter is 18 or you agree to sell

    #45228 Report

    warwickshire1
    Participant

    If your ex partner is working you should be able to get CSM paid to yourself. If he dont pay then he will be put onto click and collect.

    Unfortunately he is not responsible for any child care and looks like by moving away he is only going to be able to see your child every other weekend or at weekends. I am not sure how it works with the house if he has to pay half the mortgage or not. If you havent got much equity in house it is probably best to sell it and if he is receiving 50 k from elsewhere u would be entitled to half of that especially if u got evidence of it.

    With child maintenace payments and help from government and working maybe you can afford to stay in house , you may be entitled to spouse maintenance but may need to get legal advice on this

    #45239 Report

    MaccaJ5
    Participant

    Thank you both so much for your responses & for sharing with me what you have, I really appreciate it. Hopefully when I start receiving his CMS payments & find out what I might be entitled to from UC,  it’ll help me to decide whether I can afford to stay in our house.
    Also, when we get to the stage of mediation or court to work out our financial situation, I will know whether staying in our home is viable.

    Take care of yourselves. Xx

     

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