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Force Sale of House - Unusual Situation - Printable Version

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Force Sale of House - Unusual Situation - Helpneeded - 11-22-2017

Good afternoon, I really hope some one can give me some advice as just no where to turn.

I attended the FDR hearing this week with the ex and I have left feeling shaken at the advice of the judge and need to know if any one has been in similar and can offer and wisdom, quick run down:-

Ex-W is living in FMH - large 4 bed place - 3 kids all under 13. She has a partner, refuses to acknowledge him on court papers, he does not reside with Ex. She has a good job earning over £40K.

I live with new partner and jointly 5 kids in a 4 bed house.

Ex and I share custody 50/50.

I live 20 miles from kids school (as only place i could afford) so have a 2 hour journey each day to take them to and from school, I reduced my work hours to accommodate this and now earn 3 time LESS then the EX.

My proposal to court is to sell the house now as Ex can afford a new property locally although cant buy me out.

I want to move closer to kids school so I can work more hours and the kids aren't travelling so much.

Judge at FDR says it is reasonable for Ex to stay in the FMH until the youngest is at secondary school in 3 years time but this leaves me unable to move as I don't earn enough and also with 3 kids sharing 1 bedroom (due to age and sex of the kids).

I am stuck on the FMH mortgage.

Judge didn't seem to even register that I have my kids 50% of the time or that it is detrimental for them to live so far from school on my week (we cant move closer as its a much more expensive area)

Please any one - any advice?

Do I bother going to final judgement or just accept it and put up with it?

Thanks in advance.


RE: Force Sale of House - Unusual Situation - Mike29145 - 11-26-2017

Although you stay on the mortgage is she the one who has to pay it? and will she indemnify you against non payment?

What does your solicitor say?

Sounds a bit harsh to me - nothing wrong with her staying there but she should be able to afford it, and have the means to buy you out!