Left the FMH 6 months ago with 4 children as stbx would not move out. My eldest has just left school which means my tax credits, child benefit, housing benefit and council tax discount have all been reduced. I will now struggle to pay the bills in our rented house and would be much better off in the fmh (very small interest only mortgage). Relationship with stbx is dire, we cannot speak to each other, he sends me abusive texts and emails which I just ignore. Kids aren''t fussed about seeing him, so they don''t very often. They are old enough to make their own minds up. He pays what he has to in child maintenance but refuses to contribute to anything else (e.g. school trips, uniform, holidays).
We have a First Appointment hearing in a couple of weeks and my solicitor''s bill (which I have to pay as we go) has topped £10,000. Oh, and I haven''t even got to Decree Nisi stage yet! We are proceeding with cross decrees (I know, double the money - his idea not mine) and he''s doing all he can to increase my solicitors costs further by his shenanigans.
So my question is, how do I go about moving me and the children back into the FMH? Can he do anything legally to stop me? I would like to stay in the house until my youngest leaves school (approx 5 years). I assume this would have to be ordered by the Judge? At what stage of the process would that happen?
Lots of questions...sorry!
Azalea - you can slap a HR1 on the MH with Land Reg so he can not sell or remortgage without your prior knowledge. You also have Occupation rights - with I assume 4 kids under 18 or at least 3.
Polite letter to stbx, asking him to desist texting/ emailing. Failure to do so, and you could pursue a Non-Mol, though best to try to keep things amicable.
Surprised your sol fees now racked up so high - shame you got into the cross-petitioning scenario and that it got so bad you left the MH and went into rented. Just my humble opinion, but get back in house - research Mesher order on this rather fantastic site, re staying there until at least your youngest reaches majority.
But you have legal representation, so maybe best to ask your own sol about your best way forward. Hope this helped.