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Forced to sell the FMH..

  • KazzyG69
  • KazzyG69's Avatar Posted by
  • Premium Member
  • Premium Member
05 Jul 12 #341284 by KazzyG69
Topic started by KazzyG69
Hi all, I''ve posted before, but I would just like to see if anyone has advice on this:- I''ve got two children, I am the Petitioner, my stbx lives away all week but comes home at the w/end. This has put enormous strain on all of us. He pays CHM but nothing else, yet uses my electricity etc and even wants to use some of my food!! This week I received a letter from his solicitor saying I have 14 days to comply with their demands or they are taking me to court to force a sale of the house!

There is a secured loan against the property and some debt due to his contribution of the mortgage and loan. If we sell, there will be no profit after all this is paid off.

I would like to know where I stand if I go to court. I don''t have legal representation either as my previous solicitors messed up and now I can''t get legal aid, even though I only work part time! Please someone help. I don''t want to go to court as I know I will lose... His solicitor is a nasty piece of work and neither she nor my stbx have thought about the children in this at all!

Please any advice?????!! I can''t take over the mortgage myself. He wants me to sign an indemnity saying I will pay the m/g and loan and give HIM 33% of the equity!! What a joke?! Can he do this??

  • TBagpuss
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  • Platinum Member
05 Jul 12 #341291 by TBagpuss
Reply from TBagpuss
He can make the application to court but at that point, the JUdge will be the one to decide what should happen.

The judge has to decide what is fair to both of you, taking into account all the circumstances. The children''s needs to be housed, and your respectiv eincomes and earnings capacities are both major factors.

Can you afford to pay the mortgage? If you can afford the day-to-day running costs of the house including the mortgage (even if this is by claiming mortgage interest benefit) then court is likely to be sympathetic to you staying in the hosue, even if you can''t get his name off the mortgage.

What was the secured loan taken out for? In considering how loans should be paid, it is normal to look at who has benefited - so if the loan was taken out for home improvements, and you were going to remain in the house, then it would normally be fair to look for you to pay this.

BUT if your ex earns significantly more than you you may well be entitled to spousal maintenace as well as child support.

It may be worth your while to see a solicitor - ask them about making an application for maintenace pending suit (i.e. for an order for him to pay you maintenace from now until the financial issues are sorted out) This will depend on your husband''s income and what he is consodered able to afford, but could potentially inclue nought to ensure that the status quo is maintained, and the mortgage etc don''t go into arrears. In some cases it can also include an element for legal costs.

Why can''t you get legal aid? Even if your previous solicitors made a mistake in the applciation there is nothing to stop you re-applying.

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