Family home

[Jemimac]

Quick backstory, divorced in 2017, have two children with ex and one with new partber, 9, 7 and 2. We went to court 2018 as my ex wanted his name off marital home. I agreed to put property on the market and sell. Property was on the market for over a year with 4 viewings and no offers. My partner agreed that he would buy the house, but he could only get 93000 mortgage, the house is 93000 plus has arrears of 2500. We cant afford to pay it off, cant afford to move house or rent anywhere. Now my ex is taking me to court once again to sell the house and for me to pay the costs. Im struggling to live as it is and I have ni family or friend support...I dont know what to do

[Law Student 2]

Hi, sorry to hear about the difficult situation. *

Any joint owner is able to bring an order for sale of a property, so your ex is within his rights to do this.*
However, the court when considering this order will give a lot of attention to you and your ex husbands intentions when you brought the property and if you have children together.*
If you and your ex brought the house to be a family home and raise children there, especially considering your children are all under 18, the court is likely to be sympathetic to this and consider the welfare of the children and that it was expected they will live in the property.*
They may also look at if you stated any intentions for the property in the deeds to the property. For example, if the property were stated to have been brought for investment purposes they would be more likely to grant an order for sale.

Overall, the court will consider your financial situation and the welfare of your children and them having a roof over their heads, so I would not be too concerned about your ex being granted an order.*