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Court Order for House Sale
#1
Afternoon

September last year my wife told me that our marriage was over, this came as a massive shock to me and I did not seeing it coming at all. We have 3 kids-1 9year old old and 5year old twins.

I chose to leave the house in the November to live with my friends, I then stopped paying any money in for the mortgage but paid her maintence.

I then moved into rented accomadtion in March this year, she has filed for divorce but going through solictors for my money from the house.

House is worth £370k the mortgage outstanding is £110k. Her parents gave us 80k to help buy this house (THEY ARE NOT NAMED ON THE MORTGAGE OR ANYTHING).

She has offered me £50K?! payable when the twins reach 13! My solitors and I have gone back and said no, ideally I want a lump sum now and then another lump sum when twins turn 13.

Ex wife has now said she will pay me £30K now and then £20k when twins are 13.

I now want to take her to court to force the sale of the house and get my capital now so I can then buy a house for me. Currently in a 2 bed apartment with no garden which I;m sure you will agree is a bit tight especially when the kids stay.

I have them every Wednesday and Friday night and every other weekend.

Any advice would be much appreciated.
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#2
If she is managing to pay the mortgage your chances of forcing a sale is very slim. No court would make 5 children homeless.

A court may let her stay until the kids leave education and you may have to wait til them to get any equity so you might be wise to push for more than £50k which is low.

If the above happens you must ensure that if she cohabits, remarries or sells that you get your share then.

The parents gift £80k to buy the house should be viewed as a gift to both of you as it’s a marital asset.
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