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James Mather
James Mather,
Category: Family Law
Satisfied Customers: 1390
Experience:  Senior Partner at Berkson Wallace
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can my ex husband force me to sell our home? We have 2 children,

Customer Question

can my ex husband force me to sell our home?
We have 2 children, 11 and 7. He left 3 years ago and now lives in Australia.
I also have a residency order for the children. He now says as he is an Australian citizen he will take me to court in Australia, he wants access to the children ( he put in writing he didn't want them when we were last in court) and he is also going to
Force the sale
Of the house.
Submitted: 3 years ago.
Category: Family Law
Expert:  UKfamsol replied 3 years ago.
Hello & thanks for your question.

I need a bit more info to be able to answer:

The kids:

How long ago did you get the residence order?
When was the last time your ex had any contact with the kids? and what was the arrangement ?

The house:

Who owns the house now?
When you got divorced, was there a court order dealing with property & finance? If so, what did it say?
What's the house worth now & how much is any mortgage on it?
What's your income per year, and what's your ex's?

(It may be tomorrow evening before I can deal with your relplry, but please bear with me - thanks)
Customer: replied 3 years ago.
The residence order was given in April 2013. My ex hasn't had unsupervised acces since August 2012. The judge, at our final court visit gave my ex unsupervised access on the understanding he gave his address to the court my ex refused and said he would rather not see the children. There have been some emails and skype since but nothing regular and it always ends with the kids being upset.

The house is in joint names. My ex refused to sign the clean break order when we divorced. House is worth ? £215000, £175000 outstanding on mortgage, plus maybe £8k pull out fee.

When he was in the UK he earned £100000, I have no idea what he earns now, he says very little but I still receive £ 750/ month child support payments.
My income is complicated. I am self employed and earn around £20000/ year but am allowed to lose 2/3 of that to expenses. I am able to afford the mortgage myself but the building society won't allows to take the mortgage out in my own name.
My ex hasn't always paid child support, he left the country and I had to track him down so there was a period of around 7 months when he did not contribute. He has never contributed to the mortgage and the house would have been repossessed if I had not paid.