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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34910
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I do not really know where too start, I have two children

Customer Question

Good evening, I do not really know where too start, I have two children whomb of one is disabled too a high dependency, they are 13 and 11. Their father left around 8/9 years ago, we have a joint mortgage which I've solely paid since he's been gone, his father was a guarantor when first taken a mortgage out around 13 years ago, he has also never made a payment it was just too secure the mortgage at that time as my ex hadn't had a job for long. My ex partner has now sent me a letter recorded and witnessed this morning that he will try and potentially force too sell the house underneath me. I'm frightened, can he do this? There are no defaults on the mortgage and I've all statements to provide how I've paid it myself. On top of all this it was brought to my attention that my children noticed that whilst they've been in his care he's been smoking and rolling narcotics, they told me this several weeks ago so I've not accomodated him having the children stay over since I was told this, I have confronted him about it but well he denied it, the access he had was through mutual agreement a Saturday until Sunday afternoon, it actually works out he has the children for around 10 nights a year because he has other interests, obviously decreased because of the above, he has another baby with somebody else now, I would really appreciate a bit of light on this situation as there's so much more but I need too start somewhere, if you could provide that I would be grateful, many thanks, ***** *****
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.

Hi, thank you for your question. Were you married to each other?

Customer: replied 1 year ago.
Good evening, no we were never married, the children together and mortgage is all thank you
Expert:  Harris replied 1 year ago.

Thank you.

-Are there any formal agreements regarding the property?

-What is the value of the property and outstanding mortgage?

Customer: replied 1 year ago.
Ref formal agreements there are none, he left I've paid everything since. The value is more or less the same we paid for it in 2005, £125,000, there is no equity as we both share a ccj on this property, if sold equity would obviously pay that first off, I'm also soley paying that debt too in a monthly payment plan that has been in fruition since he left, he refuses too pay anything towards this debt even though the orginal loan was joint, I've statements too prove this and his signature, I have dealt with this as I do not want too lose everything I have paid for. I apologise for the depth of these answers I'm trying too keep it short thank you
Customer: replied 1 year ago.
Outstanding mortgage is around 840000 thank you
Expert:  Harris replied 1 year ago.

What are his reasons for wanting to sell the property if there is no equity?

Customer: replied 1 year ago.
Because he states he wants his name of the mortgage, and his fathers, other than that there is no other reason he has mentioned, he or his father pay nothing so I do not know?
Expert:  Harris replied 1 year ago.

In the circumstances, you would be best to suggest that all three of you enter into a deed of trust which can outline that you indemnify them against the mortgage in order to prevent a sale.

You require the home to accomodate yourself and the children and it is inappropriate for him to try to sell the property especially as there is no equity and it does not appear that he seeks to obtain a new mortgage.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you

Expert:  Clare replied 1 year ago.

My name is ***** ***** I have been a family lawyer for more than 30 years.

You do not need to negotiate a Trust Deed or give an indemnity.

Write back to him pointing out that under Property law the Court does have to take account of minor children and that it is unlikely a sale would be ordered until your youngest child is 18

Go on to say that if he does make such an application for sale then you will make an applictaion under the Children Act for an Order allowing you to remain in the property until your youngest child is 21 rather than 18 to take account of your child's special needs.

If you wish to be proactive you can offer to discuss matters using Family mediation

Please ask if you need further details

Customer: replied 1 year ago.
Thank you Clare, you've given some clarity on my situation it's really appreciated, it's almost like bullying, I didn't really feel any other response was helpful I understand it's hard to decipher individual circumstances.
Expert:  Clare replied 1 year ago.

It is just like bullying because it IS bullying

Customer: replied 1 year ago.
I keep questioning myself exactly with this, I do feel threatened and scared, so it must be? I'm naive, he's not emotionally involved like I am, you wouldn't I guess if you only see your children once every six weeks or so? thank you so much your advice means a lot, and I'd appreciate some help with this mess.
Expert:  Clare replied 1 year ago.

You are very welcome