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Good afternoon. I will try to assist you with your question but need more info first - also I apologise if delayed in replying
what are you going back to court for?
how often does your child stay with you?
how old now?
and you have been living in the MH since she left is this correct?
You are not responsible for the mortgage or the bills of a house that you do not live in although you remain liable to the lender if she remains in the property and she does not pay it.
In circumstances like this, it could well be that the property is indeed sold if neither of you can afford to buy the other out or neither of you could afford to remain in the property. It would not be the first time that couples have remained together purely because they couldn’t afford to live apart.
Because it’s been ordered that the children live 50-50 with each parent, I think this little chance that you would get the house over and above your wife be costs she is also going to need to provide a home for her and the children in exactly the same way that you are.
If your wife won’t agree to this, then I’m afraid the chance is that the house would be sold. Depend on what money she gets out of the property and what she needs from it.
I think it’s unlikely that if you can’t afford to buy her out you are going to be allowed to live in the house unless you are the resident parent of your daughter which is unlikely if you have her for only 1/3 of the year. Please note that it’s only overnight contact which counts so she would need to stay nights at your house for more than half the year for you to have a chance of staying in the property and it being sold when your daughter reaches 18, to pay your ex-wife off
I’m going to opt out of this for another expert because I don’t think that I can give you an answer that you would be happy with. The thread is now open to all experts.
The answer above is correct and I can add nothing.
I'm very sorry.