How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34263
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
13262538
Type Your Family Law Question Here...
Clare is online now

Would courts force house sale

Resolved Question:

Hi, I was in an abusive relationship for 13 years we cohabitated in a house we bought in joint names and have two children. I remained in the property and he left three years ago and currently rents a large flat in a sought after location. He continues to pay half the mortgage and on previous occasions in front of his children threatened to force the sale of the house to get his share of the equity, after which he assured the children he would never do that. He earns 50K per annum. I look after the children, and work 16 hrs per week he gives me maintenance for the children and I get tax credits. Due to his unpredictable behaviour the children have refused to stay overnight in the property and contact has reduced considerable eldest sees him 3hrs per week youngest 10hrs that is if they will go! He has sent a solicitors letter threatening to take me to court (and have me pay his costs 15 - 20K) unless I pay him 35k to buy him out, despite the fact that I have been diagnosed with Chronic Kidney disease, with a growth on my left kidney and am awaiting results of an MRI scan. Would the courts force the sale of the house despite concerns over the welfare of the children. Any advice appreciated thanks

Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How much is the house worth and how much is outstanding on the mortgage?
How old are the children?
Clare
Customer: replied 3 years ago.

Hi Clare,


 


The terrace house was recently valued by three different estate agents, one for 125k and the other two for £130, the mortgage has 37k outstanding. The children are 13 and 8 years old.


 


Regards


 


Maria

Expert:  Clare replied 3 years ago.
Hi
Just to check - you are not married?
Clare
Customer: replied 3 years ago.

 


Also have an email from 2009 in which he states maybe we should get a further advance on the mortgage to get another car, do up the house, an get married!

Customer: replied 3 years ago.

 


Also have an email from 2009 in which he states maybe we should get a further advance on the mortgage to get another car, do up the house, an get married!


Expert:  Clare replied 3 years ago.
Hi
Is he paying anything other than half the mortgage?
Clare
Customer: replied 3 years ago.

Child maintenance of £600 per month. I have continued to pay the buildings insurance on the property.


 


I also had a DPC done in 2012 which cost £1200 he has refused to give me anything towards it. Despite the fact that while he lived here he was fully aware of the damp issues and even tiled over it in the kitchen to prevent it showing up on surveys as we were trying to sell it at the time.

Expert:  Clare replied 3 years ago.
Hi
How much does he earn?
Could you manage of he was not still paying half the mortgage?
Clare
Customer: replied 3 years ago.

He earns 48k plus expenses and has private health care as part of his package. I could afford to take over the existing mortgage of37k, however I feel that taking out another mortgage of 35k to pay him off plus the repairs that need doing on the property 15 - 20k would cause me to struggle, plus my health issues I mentioned in my early post could remain stable however they could also deteriorate leading me to need dialysis or even a kidney transplant it is an unknown.

Expert:  Clare replied 3 years ago.
Hi
Under Schedule 1 of the Children Act your ex i sunder a duty to help you house the children until they are 18.
If necessary you can apply to the court for an order allowing you to remain where you are until then and your ex is not going to be able to force a sale before then unless you cohabit in the mean time
Clearly that does leave you with a potential problem in ten years time - but you are certainly safe for the moment
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 3 years ago.

Clare,


 


Many thanks for your help, its very much appreciated!


 


Maria

Expert:  Clare replied 3 years ago.
Hi
You are most welcome I hope all goes well
Clare
Clare and other Family Law Specialists are ready to help you