I split up my my ex of 25 years last year, we are both on the mortgage but she has paid it since she illegally locked me out. I pay my Child Maintence but am struggling financially since I had had to find a flat ect.
My ex is on a fair bit more than me and could buy me out.....my oldest is 15 and my youngest 12.
I'd hate for the kids to be up rooted but as I said I am struggling to pay my bills and becoming further into debt each month.
I've asked my ex for mediation but she refuses and I cant afford to waste the money on something I know she would not turn up to. How can I find a way to have her buy me out of the family home so I can move on and in turn be able to support my kids better and myself in turn?
Am furloughed like many and been onto the Child Maintenance who have told me my income has to decrease by 25% not just 20%, am struggling and my ex and Child support dont care or see the vunerable position I am currently in, the pressure is killing me.
some info i found online, sounds like it will be a costly process. you should seek legal advice. may be able to have free consultation.
If Your Partner Refuses Permission
If you want to sell and your partner doesn’t (or vice versa), one person can begin an action of division and sale in court. However, the other party can petition the court to a division of the proceeds, or to buy the place at a market price or one decided by the court.
In the case of one person being the owner of the property and the other withholding permission to sell, then the courts can allow the sale under certain circumstances. In essence, these are if one party is unable to sign for medical reasons, if one party has vanished and can’t be found, or if the court believes that permission in being unreasonably withheld.
It can also attach conditions to the sale, such as setting a date by which any sale has to be completed, or a minimum selling price.
Your only option now would be to initiate financial remedy proceedings via the courts, hopefully your ex will not want to take this route and will start to engage in discussions.
However, you have two children living at the property so it is unlikely that you will be able to force the sale of the property. What may happen is that your ex will be allowed to stay within the property until your children turn 18; this will mean potentially any equity owed to you may have to wait until then. Unless the current home is surplus to requirements, the courts will not want to make your children homeless.
I would contact
as soon as possible (in addition to the advice above) - they are a debt management charity, and it's best to contact them earlier so they can help you avoid getting into debt, rather than having to help you get out of debt.
There is no allegations, no police involvement, basically what happened was I woke up, I was in an abusive relationship, i started training to be a counsellor and began to actualise and started not banging to the beat of her drum and refused to walk on egg shells.
I really wouldnt want my kids to have to move, I always have put them first, their Mum was being more and more toxic, they had seen enough. I have reported her 3 times to the police for harrasment, she is seriously unhinged but as she is a nurse her uniform seems to get her out of trouble.
I have asked for a loan on the property from the bank but she would not agree, I offered to split it with her but she knows full well that I am broke and whilst am financially ruined I cant move against her or move on, I seen a solicitor last year and after a few none legal binding letters that she probably laughed at I was left with a bill and was told it would take 5k to go to court over access to the kids ect.