she says she wants to move because of the sad memories.
It doesn't mention paying a mortgage on a new home. She insisted on staying in the home when we got the order so as "not to upset the kids!"
She uses the kids' interests for her reasons which is blatantly a lie.
They say they don't want to move at all, the older one has practically moved in with me and my new young family (4+ nights a week), the 15yr old still refuses to talk to me.
She wants to get the money, as she is not working at all and on benefits, she won't be able to find a house for £90k. She told the older daughter, that she wants to hide the proceeds in ISAs with her (married)boyfr so they can still receive the benefits, and the younger daughter does not feature in that plan.
sorry sounds a bit muddled.
3 December 2013.
(B) the said trust shall not be carried into effect w/o the consent of both parties or further order until either:
children 18 or finished Uni
death of either
remarriage or cohabitation of her for more than 6months
I pay mortgage, she is responsible for upkeep. (roof is leaking)
Her sol threatens to take me to court if I don't consent to the sale now.
I have no money and she threatens I will be liable for all her costs.
sorry for the delay,
can't paste, but I copy it :
By consent it is ordered that:
1. With effect fr the date hereof the home shall be held by the applicant and the respondent upon trust for themselves as beneficial tenants in common in the following shares namely as to the applicant 70% and as to the respondent 30% with acknowledgment and agreement betw the parties that the appl 70% interest shall never be less than £90k upon the stat trusts of Land and Appointm of Trustees Act 1996.
AND UPON THE FOLLOWING TERMS AND CONDITIONS:
(A)The appl shall occupy the home to the excl of the respondent until sale
(B) The said trust shall not be carried into effect w/o the consent of both parties or further order until either
(I)the children of the family shall have attained the age of 18 or completed their full time tertiary education to incl a First undergr degree coursewhichever shall be the later or
(ii)the death of the applicant or
(iii)the remarriage or cohabitation with another personcont for 6 months
(C) the respondent shall pay the charge on house
(D) the applicant shall be responsible for all maintenance and decorative repairs to the home.
(E) home insurance to be paid by her.
2. that as between the Appl and the Resp the contents of the home and other chattels, bla
3. Upon compliance with para 1 each party's personal claims against the other for periodical payments, secured per payments, lump sums for themselves... neither party shall be entitled to apply for an order under section 2 of that Act.
4. about inheritance
5. There be liberty to apply as to the implementation of the terms of this order
6. There be no order as to costs between the parties.
see below, i have copied it over,
thank you for your time