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Selling home

Nd123a

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Any idea if I can sell the house if I have non molestation order and occupational order against me. Married two kids 7 and 9 . House is in my sole name only
 
Probably not a good idea. She will have matrimonial home rights over the property. You could begin the process of selling only to have the plug pulled and that's not ideal when you have already marketed it.

What I would suggest is that you speak to the bank about a payment holiday or at least switching to interest only so that 1) you are not increasing the equity that she will take a share of and 2) there are reasonable grounds to say whilst she is there she should contribute to the cost and it is affordable to her. If you're feeling really brave you could miss a couple of payments to, in order to set the precedent that you cannot afford it on top of your own housing costs. But this will impact your credit rating.

She may also try to get a Mesher Order until the youngest is 18. In reality, she is very unlikely to succeed in court. However, if she is successful I would just point out that a repossession disappears from a credit rating after 6 years whereas it's 11 years until your youngest is 18.....
 
Yes she will have that . The house is worth about 320k I owe 37k so there loads of equity house is both but she wants stay there. The mortgage on the house is really low £280 a month . At the molestation order she was ordered by the judge to pay half towards the mortgage she's missed the first three payments I haven't had a penny . I asked her solicitor to sell the house 50/50 . There's house near that family home for 140k three bedroom so she would be left mortgage free. I am also being CMS on minimum wage job
 
She won't get a Mesher Order.

1) There is plenty of equity for you both to re-house;
2) You can demonstrate that there are suitable properties to re-house in; and
3) She's already proven that she cannot obey a court order to pay the mortgage. Whether she can't do it or won't do it, it will show to a judge that the property must be sold.
 
She won't get a Mesher Order.

1) There is plenty of equity for you both to re-house;
2) You can demonstrate that there are suitable properties to re-house in; and
3) She's already proven that she cannot obey a court order to pay the mortgage. Whether she can't do it or won't do it, it will show to a judge that the property must be sold.
All she had to pay was £100 to live in the house she gets £550 month CMS off me unb
 
Hi mate. We may as well start saying "welcome aboard" the NMO train at this point! What was the silver bullet in your case?
 
What happenes if she moves a partner on
Ordinarily that would be a trigger for sale and there's a very good reason for it. If another adult moves into the property and starts contributing to the mortgage, they can end up with a constructive trust in the property. They also have to agree that they will move out on sale. It's messy and courts won't countenance it these days. If your STBX wants to shack up with someone, the court will expect her to do it in her own house bought with her own money.

In respect of all your STBX's lies, cheats make these false allegations a lot to deflect from their own behaviour. Only provide "no comment" interviews and wait for the NFA. The police will already know she's lying. It's so common for them that it's gotten boring.
 
I have
Ordinarily that would be a trigger for sale and there's a very good reason for it. If another adult moves into the property and starts contributing to the mortgage, they can end up with a constructive trust in the property. They also have to agree that they will move out on sale. It's messy and courts won't countenance it these days. If your STBX wants to shack up with soves m eone, the court will expect her to do it in her own since A house bought with her own money.

In respect of all your STBX's lies, cheats make these false allegations a lot to deflect from their own behaviour. Only provide "no comment" interviews and wait for the NFA. The police will already know she's lying. It's so common for them that it's gotten boring.
Thanks unknown1 I am sure someone already lives with her and my two boys but I can't go as I have nmo and occupational order against me for a year . I answered the questions been on bail since April I am getting worried I'll get charged. The police have my phone.
 
In practice I think its difficult to prove unfortunately. Like they have to live together for say 6 months. You take it court and your ex will say they broke up.

If your ex is smart about it.
 
I think it is difficult but not impossible to prove. For example, the ex's bank statements will often give away that their housing costs have dropped. Even if she claims that they broke up, what you do is take it back to court again and unless her spending suddenly increased because of the break up it's pretty clear evidence that she's lying.
 
I just wished I could sell getting too much paying the mortgage CMS and rent on top nothing left.
You need to stop paying her share of the mortgage. She cannot go to court to cry about it because she is guilty of not paying the mortgage herself. You are playing a game of chicken against her, but one where the negative repercussions will fall much, much harder on her. If you're feeling really brave, you could even match her wrongdoing and pay nothing at all towards the mortgage.

Trust me, 99 times in 100 she'll start paying if she's about to lose the roof over her head.
 
I have

Thanks unknown1 I am sure someone already lives with her and my two boys but I can't go as I have nmo and occupational order against me for a year . I answered the questions been on bail since April I am getting worried I'll get charged. The police have my phone.
If your case hasn't been referred to CPS then you should contact the solicitor's firm who represented you at the police station and get them to chase up an NFA and return your phone.
 
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