Hi I'm new here and desperate for anyone's take on my circumstances please.
Have been going through divorce for 3 years as ex refuses to mediate, negotiate or consider any other option other than selling the matrimonial home and 'getting his money'. I have put many offers forward and either been stonewalled or ignored - one was 5.5% more than his solicitor was offering!
There are 3 children eldest 16 lives with him as she can do what she wants and basically has a flat to herself (another story...)but we have contact with each other. The 2 younger boys 11 and 8 I have full legal custody of with no contact for their dad mainly because of him selling the house but he doesn't care. Plus there is a Non Mol against him.
The equity is roughly £210K, I have paid mortgage and all other bills in full for 3 years. He has 2 bedroom flat he pays for so only fair i cover my own bills. His salary is fairly good, i work part time as I was a SAHM but have gradually taken on more and more hours at my son's school since [url=Resources/Library/Cohabitation-and-Separation_s33_m1852.html ]separation[/url]. Ex's pension is £235K so over the equity.
I cannot raise a mortgage or take over the existing one. I now live with a partner, we are on very low income and are desperately trying to take over mortgage but being linked with ex is dragging on my credit rating. What can I do, will i really be made to sell the home? Even downsizing to a 3 bed where i live so i can still work and children go to school (i don't drive) is twice my mortgage!!! I cannot magically make money would the Judge really order a sale??? Please help xx
Short answer is yes. The judge will make my child and I homeless and unemployed if he orders as my ex would like them too. Not only this I am £15,000 down and liable for his £20,000 costs if it goes his way. My barrister thinks it will all because I tried to stop him underselling the house by £50,000. He's now suceeded with that. Given the equity to complete strangers who've got a bargain and the lawyers who've taken the rest.