The house is going on the market against sol advice but hubby wont pay the mortgage and i am unable to , so need to be practical, he seems adament that he cant or wont be able to rehouse us so therefore it is up to me , am so fed up with everything, I feel like just saying forget the whole case, your life is yours and lets just get on with things, he is pleading poverty so wont be getting any money from him as such, can i stop court proceedings i know there is light at the end of the tunnel but it is preety hard to see at the moment.
Oh Lovey, it does sound bad. I wouldn't walk away from the proceedings, though. If you don't get it settled now you will have to at some point, and things will only get worse (money or debts accumulated since separation, new partners, etc.) if you don't.
I assume you have already tried to get a mortgage holiday or interest-only payments from your mortgage lender. If your solicitor really is advising you not to sell then probably you should avoid doing so if at all possible. If your ex was previously paying the mortgage it will look rather suspicious in court for him to say he has no money, and if you have kids he is obliged to give you CSA payments.
I know how you feel and the feeling to just draw a line and get on with it is tempting. But I would wait until the divorce is settled before selling. It may come to that anyway. What you dont want to do is make things harder for yourself later. Just put up for now and take your solicitors advice. As Sadie said. Its better to deal with this now then later. F