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Hi. My ex separated from me over 2 years ago and we’ve been properly divorced for a few months now. We jointly own the property I live in and he hasn’t lived there since the separation. I have been paying the mortgage alone for over 2 years, even though his name is on the mortgage. Prior to that, we lived there together for almost 10 years.
We have a 13 year old son who lives with me and stays with his dad one night a week. We have no official court order over this and I would be fine if his dad wanted to see him more, but he doesn’t. We do not have child maintenance set up, but his dad sends me a similar amount a month to help pay for things for our son.
I also own a property that used to belong to my parents. I have a small mortgage on this too, which I have also been paying alone. My ex has never lived there and I am the sole owner.
To the issue:
My ex wants £10,000 and to come off the mortgage, rather than try and force us to sell the house. It’s not an unreasonable amount, but the issue is that, despite never missing a mortgage payment, I have a poor credit rating and do not earn enough to take on the mortgage alone in lenders’ eyes (even though I can afford it, as shown by paying it alone all this time). It therefore doesn’t matter if I could get him the £10,000 (through selling him the other home, for example), I cannot take on the mortgage alone.
As for selling this home and moving into my parents’ old house, it is not somewhere I would want my son to grow up. It’s in a poor state, with mould that needs dealing with, windows that need replacing and a garden smaller than the average bathroom (I also own a dog that needs far more space than that). From what I can gather, I am unlikely to make enough from the sale of my family home to pay for what needs to be done to my parents’ old house.
So I have a couple of questions, if anyone can help:
1. Can my ex force the sale of the house, even when a have a 13 year old child living there? I have heard of a Mesher Order, would this be applicable in this case?
2. Does my ex have any claim over my other property? He has never lived there and it is in my name only, but we were married for a decade, so I’m not sure.
We have a 13 year old son who lives with me and stays with his dad one night a week. We have no official court order over this and I would be fine if his dad wanted to see him more, but he doesn’t. We do not have child maintenance set up, but his dad sends me a similar amount a month to help pay for things for our son.
I also own a property that used to belong to my parents. I have a small mortgage on this too, which I have also been paying alone. My ex has never lived there and I am the sole owner.
To the issue:
My ex wants £10,000 and to come off the mortgage, rather than try and force us to sell the house. It’s not an unreasonable amount, but the issue is that, despite never missing a mortgage payment, I have a poor credit rating and do not earn enough to take on the mortgage alone in lenders’ eyes (even though I can afford it, as shown by paying it alone all this time). It therefore doesn’t matter if I could get him the £10,000 (through selling him the other home, for example), I cannot take on the mortgage alone.
As for selling this home and moving into my parents’ old house, it is not somewhere I would want my son to grow up. It’s in a poor state, with mould that needs dealing with, windows that need replacing and a garden smaller than the average bathroom (I also own a dog that needs far more space than that). From what I can gather, I am unlikely to make enough from the sale of my family home to pay for what needs to be done to my parents’ old house.
So I have a couple of questions, if anyone can help:
1. Can my ex force the sale of the house, even when a have a 13 year old child living there? I have heard of a Mesher Order, would this be applicable in this case?
2. Does my ex have any claim over my other property? He has never lived there and it is in my name only, but we were married for a decade, so I’m not sure.
