What the fluff goes in my position statement?

Sooooo what exactly do I put in my position statement ?

We have been to FA joint survey was ordered as ex claimed marital home I live in with the 6 and 7 year old is worth 85k

It came back 65k like I stated and the suveyor pointed out the property needs a need bathroom suite and enquiries Into the damage to bathroom floor from the leaky bathroom suite
I''ve been Quoted 10k to fix everything and put in. New bathroom floors as the structures rotten.

Windows don''t open and are broken £900 quote to fix

Roof has damages £400 quote to fix

Black mould problems in kitchen
This has all been included in the survey sent to the judge (yay)

Anyway this leaves a massive 5k equity if we manage to sell it in the current condition
Then once you have payed estate agents solicitors
We are talking may 1 or 2 k equity to split (gosh I''m so rich)


That''s not enough to rehouse myself and the kids

I have been declined for a mortgage to buy my ex out so I have zero mortgage capacity .

I don''t work,kids live with me ect...........

Is this basically my position statement of is it more complicated than that?

To me my possision is
I cannot buy the ex out as mortgage was declined
Cannot sell the property because of the children and not enough equity to house a Guinea pig let alone myself and kids
I have 7k debt and rising

Ex wants the property sold to release himself from
His obligations of the joint mortgage so him and his 21 year old can ride of into the sunset (awwwwww)

He basically wants it sold but is happy for me to have all the equity on the basis he gets a full Clean Break (generous I know)


So please please please what exactly is my possision apart from trapped and penniless lol

Oh I''d like to add that the house was my dads and when we purchased it for £62,500
It was at knocked down price as value was 77k at the time.

I have solicitors letters and mortgage letters from the sale that we have both signed agreeing that we purchased the house cheap from my dad

Should I shove that in somewhere too or won''t the judge care?

Married 14 months but 8 years including co-hab after buying my dads house.

Doesn''t really matter what the house was worth when you bought it. It is the value that has been established for now that matters.

Is the house suitable to live in in its current state?

can you afford the mortgage and running costs on your own?

Those will probably be the two key questions.

I thought it was relevant after a short marriage?

Anywho yes I can afford the mortgage and I''m happy to take on repairs as long as it''s myself that benefits

I thought that it would be relevant in a possition statement?

8 years with two young children? The priority will be housing them.

Whether 8 years would be considered short when two children are involved the fact you paid £15k less than market value for the house is irrelevant as the house has depreciated. The £15k doesn''t exist so it can''t be ring fenced.

You need to post a lot more details on income and assets for someone to comment on likely outcomes but if the house is suitable to live in and you can afford the costs on your own with whatever income you have then best thing would be for you to stay there. Your ex would be stuck on the mortgage for some years but you would only be expected to make your best endeavors to release him.

Thanks ,I''ve seen a solicitor as to the outcome
A fair offer has been made but he refuses to let me stay in the property regardless of offers to imdenefy and release him as soon as possible .the only outcome my ex will agree to is that I sell the property.
I''m pretty clued up with that part
It''s my possition statement that I need help with
As I''m representing myself.....
I was only stating the issues so someone can clarify if I have the right idea about a possition statement or if I well off the mark

Is my possition statement based on
that I cannot release him from the mortgage
No equity to rehouse ourselfs so pointless ordering a sale as all it would do is free my ex who is suitably housed renting with his girlfriend from the mortgage but would make myself and the children homeless unable to rehouse ourselves .

Nearly over wrote:

the only outcome my ex will agree to is that I sell the property.

Unlucky for him I would say.

Point out that his housing needs are adequately met by his current rented accommodation.

Yours and the children''s housing needs are adequately met by remaining in the FMH which you can afford to do. Mortgae lender wont release him so he has to stay named on mortgage.

Leave it to him to try to suggest something better to the court if he thinks he can but I think he will be hard pressed to do so.