Being taken to court to sell the house

Well my ex has been threatening to do this and I have finally had a solicitors letter stating that I have 28 days to reply to say that I can get mortgage in my own name (I can''t) or that I have found someone to come on the mortgage with me (I haven''t) or that I have put the house up for sale (no I haven''t).

He does not pay anything towards the mortgage, did not contribute any deposit and has left me with debts and there is no equity in it. His sole reason for forcing this sale is because he does not want his name on it. I don''t want him on it. He is nightmare with money but I can''t do anything about it right now and I don''t want to sell this house it used to be my Nan''s.

The best part though is his solicitor tells me I have to pay him rent because ''you continue to live in the property to his exclusion'' he left this house to go be with OW!!!

Can I seriously be expected to pay him rent?? Is he going to win??

I have been crying all day about this.

Bluecollie,
I think you need to get legal advice to see if there is anything you can do about this. It may be that the children act is helpful to you because you have a child who needs a home.

Hadenoughnow

I think I''ve already answered this already somewhere else. If you are paying his share of the mortgage you are really paying it in lieu of rent. IT''s a complicated area of law and you need to see a solicitor.

Thank you for your replies. I have seen a solicitor previously who said I could use the childrens act to stop this but my Ex said all he needs to ensure is that I can move in somewhere else in his exact words ''there is a small flat around the corner for £90,000 you can move in there'' I suspect that that flat is actually a warden controlled one as not even studio flats go for that around here!

He is the Army and so is the woman he left me so neither have any sense of the real world.

He must have told his solicitor that I was paying all the mortgage and that he was paying the bare minimum for our son, that is why I am so upset about him charging me rent and I really can''t see how that is fair. It certainly isn''t morally right.

I have been given 28 days to sort all this out and I can''t. I am due compensation at some point which will exceed £25,000 and then I stand a chance of getting a mortgage in my own name but he just won''t wait for that and keeps shouting that he needs ''time limits'' but I can not control that and I have no idea. Plus I have to have at least 20 sessions of CBT before they will consider the exact figure due to having PTSD and it affects my job. Will the judge take that into consideration do you think? That I will be getting some money but that I just don''t know when.

I am so sad about this. I know some people don''t care about moving house and move all the time but all though I have lived everywhere and travelled a lot my mum has never moved and I always and still do find that comforting and secure. I wanted that security and stability for our son which is why we both moved into this house in the first place. I want it even more now with his dad moving out and the contact sporadic to say the least.

bump

You need to stand firm for now. A solicitor cannot force you to sell your house or release another from the mortgage. Neither can the other party named on the mortgage. The only person who can force you to do this is a court, and in order to reach this point lots of discussions between solicitors need to take place first. Your ex probably won''t want to go down this path as it costs a lot of money and he will have to reveal all details of his finances.

Unfortunately I can''t afford solicitors and earn £80 to much a month to qualify for legal aid.

I have spoken directly to his solicitors but she could not even tell me how much rent he was going to ask for and when I questioned the fact about me paying him rent when he pays nothing towards the mortgage she just said she couldn''t give me legal advice and she will speak to him about how much rent he wants from me. She pointed out that as he doesn''t live here and I am effectively profiting from his name being on the mortgage then I am to pay him rent. I told him he left and that he can move back in if he wants as I would get rid of the lodger and he can have that room!!