Hello
I have recently agreed in court to transfer my equitable share in the
FMH to my ex fiance. She lives there with the children. I wanted no money from her and will take my share at a later date. I have now been sent the transfer docs and lo and behold the new boyfriend is mentioned on the transfer document? Now do i have to sign the transfer?
I agreed to solely transfer the house to the ex - can i now refuse?
House had an extension built and i was asked to leave 3 days after it was completed & approx five months into her affair with the now new boyfriend.
I currently rent a property with my mum and have mentioned in the past to the ex that i would buy her out - she could then settle down with the new boyfriend in a new house. She works full time always has and the new boyfriend works full time. I''m guessing she needs the new boyfriend on the mortgage because she is a low earner and he is a high earner.
I however work part-time am disabled. No career to speak of because i was the at home parent looking after the children for 5 years.
She never mentioned in court that she would be adding the new boyfriend to the transfer of the property. If she had my barrister and myself would have refused to sign.
Can i refuse to sign even if she gets a judge to agree the transfer? Can a judge do that?
She has lied from the beginning but i find it rather distasteful that she is trying to buy or obtain the
FMH through deception etc...she has always stated that she and him would not be living together in the FMH - i always understood that i had no way of stopping him staying there and i dont mind if he does.
What i do mind is them both forcing me out of my share in the
FMH.
The mortgage company have refused to offer her a residential mortgage ( house is a buy-to -let mortgage) they dont offer residential mortgages. If she and the new boyfriend require a mortgage then i dont see why they cannot buy somewhere else together with a residential mortgage. Thus enabling me to occupy the
FMH. We equally own 50% of the property. Mortgage company dont seem to mind who lives there as long as they get paid.
Would it be possible to apply for occupation order? Or does the fact that it is the childrens home as well have a bearing on the matter. We were obviously never married. My income would not allow me to purchase another house where the ex and her new fella earn ten times what i do and obviously have the imcome to enable them to take out a mortgage.
So unfair that i am unable to make ends meet where im living even with my mums help. The court order is still in place from the child residents FDH stating that i have the right to occupy the
FMH when the children are with me. The ex refused to leave the house when it was my turn so i had no option but to up and take my kids somewhere else....that or risk being arrested again for doing absolutely nothing!!! Three times was enough.
After the TOLATA childrens act final hearing when i agreed to transfer she left court and changed the locks on the house. My stuff is still in there and she is refusing to let me have it? Been 4 months now!!
So a night mare situation that i cant see ending soon, unless of course i agree to transfer the house to them. That''s then my house and my children that they have taken from me. Oh and the many thousands of pounds that i spent trying to convince the courts that i should have my kids 50% of the time. I had them for most of the 5 years and then for 50% of the time whilst the court proceedings rolled by only to eventually get 30%!!!!
Sorry for the long message - ive run on & on, sorry if some is not relavant!!
J