Ex trying to sell the family home his kids live in

catthinkin

My ex contacted me last year saying he was skint and wanted to reduce the maintenance. I said I would consider it if I saw his statements etc never saw any of them
When we were divorced 4 years ago the terms were
He would pay the mortgage
The school fees
Give me maintance of 1000 a month
Give 500 for back to school
He’s regnaged on all of these
He took me to court in October to seek a reduction and yet to date not supplied the court with his back statements
He wants to sell the house making his two kids 14 and 17 homeless
The house is worth roughly 370,000 and I was granted half of it during our divorce lived her for 20 years
He says he owes the vat man 90,000
I can’t sleep worrying over this
Does he have a case to put us out over debts he’s accumulated after our separation ?
He says the vat man will sell the house anyways

Antares35

catthinkin wrote: »

My ex contacted me last year saying he was skint and wanted to reduce the maintenance. I said I would consider it if I saw his statements etc never saw any of them
When we were divorced 4 years ago the terms were
He would pay the mortgage
The school fees
Give me maintance of 1000 a month
Give 500 for back to school
He’s regnaged on all of these
He took me to court in October to seek a reduction and yet to date not supplied the court with his back statements
He wants to sell the house making his two kids 14 and 17 homeless
The house is worth roughly 370,000 and I was granted half of it during our divorce lived her for 20 years
He says he owes the vat man 90,000
I can’t sleep worrying over this
Does he have a case to put us out over debts he’s accumulated after our separation ?
He says the vat man will sell the house anyways

I don't think the timing of his debts is relevant. Did you come to a casual agreement in terms of what he pays or was it court ordered? It seems like a lot, but without knowing his and your financial circumstances, that is an opinion in a vacuum. Court will look at both your incomes including child benefit etc.

I don't think you can be compelled by him to sell the family home until your youngest is 18 (older if they go to 3rd level) but he might be able to have his maintenance reduced if he can show that it is simply too much based on his own income. Also if his circumstances change e.g. if he has a child with someone else.

catthinkin

Antares35 wrote: »

I don't think the timing of his debts is relevant. Did you come to a casual agreement in terms of what he pays or was it court ordered? It seems like a lot, but without knowing his and your financial circumstances, that is an opinion in a vacuum. Court will look at both your incomes including child benefit etc.

I don't think you can be compelled by him to sell the family home until your youngest is 18 (older if they go to 3rd level) but he might be able to have his maintenance reduced if he can show that it is simply too much based on his own income. Also if his circumstances change e.g. if he has a child with someone else.

Hi the maintance was court ordered
The school fees my half of the house was agreed by a judge when we divorced
I’m currently with help of my family paying the school fees as my eldest has mental health issues and the school provide counselling for her .

Antares35

catthinkin wrote: »

Hi the maintance was court ordered
The school fees my half of the house was agreed by a judge when we divorced
I’m currently with help of my family paying the school fees as my eldest has mental health issues and the school provide counselling for her .

We can't give legal advice on Boards. You could try your local FLAC centre? They are generally quite good in terms of advice.

https://www.flac.ie/help/centres/

You can select a centre based on your location.

I hope it all works out for you

Potatoeman

catthinkin wrote: »

My ex contacted me last year saying he was skint and wanted to reduce the maintenance. I said I would consider it if I saw his statements etc never saw any of them
When we were divorced 4 years ago the terms were
He would pay the mortgage
The school fees
Give me maintance of 1000 a month
Give 500 for back to school
He’s regnaged on all of these
He took me to court in October to seek a reduction and yet to date not supplied the court with his back statements
He wants to sell the house making his two kids 14 and 17 homeless
The house is worth roughly 370,000 and I was granted half of it during our divorce lived her for 20 years
He says he owes the vat man 90,000
I can’t sleep worrying over this
Does he have a case to put us out over debts he’s accumulated after our separation ?
He says the vat man will sell the house anyways

What’s your plan in four years when the youngest is 18? It sounds like he would push to sell them anyway.

randomrb

Is the property is his sole name or joint names?

You are at very little rik of being kicked out of the family home while you still have two dependent children. However in saying that if there is enough in your 50% share after the mortgage is paid off to get started in your own place it may be the best course of action to make things easier in the long run.

It also won't change his obligations to you or the amount of maintenance he pays. That can only be changed by a change in his circumstances or inability to pay however he has to prove that to a judge

catthinkin

Potatoeman wrote: »

What’s your plan in four years when the youngest is 18? It sounds like he would push to sell them anyway.

Dependent on whether the girls go into college I’d be happy to sell the house

catthinkin

randomrb wrote: »

Is the property is his sole name or joint names?

You are at very little rik of being kicked out of the family home while you still have two dependent children. However in saying that if there is enough in your 50% share after the mortgage is paid off to get started in your own place it may be the best course of action to make things easier in the long run.
Only his name
No once the mortgage is paid off we would maybe get 140 k each

Potatoeman

catthinkin wrote: »

Dependent on whether the girls go into college I’d be happy to sell the house

Might be a good idea to start looking now and see what you would be happy with, get an idea of what’s in your price range and where you’ll be looking.

catthinkin

Potatoeman wrote: »

Might be a good idea to start looking now and see what you would be happy with, get an idea of what’s in your price range and where you’ll be looking.

Would have to be abroad as if sold I’d get roughly 150k max

randomrb

catthinkin wrote: »

Would have to be abroad as if sold I’d get roughly 150k max

could you not supplement that with a small mortgage and be able to buy a nice property

catthinkin

randomrb wrote: »

could you not supplement that with a small mortgage and be able to buy a nice

I’m not sure it maybe a possibility but for now my main concern is my kids and trying to keep things stable for them in the near future . This all kicked off when I opened a small business which is just off a year old so I don’t have the income to really support a mortgage as the school fees are 500 a month

ahnowbrowncow

catthinkin wrote: »

randomrb wrote: »

could you not supplement that with a small mortgage and be able to buy a nice

I’m not sure it maybe a possibility but for now my main concern is my kids and trying to keep things stable for them in the near future . This all kicked off when I opened a small business which is just off a year old so I don’t have the income to really support a mortgage as the school fees are 500 a month

How is your current mortgage being paid? You said he reneged on it

catthinkin

ahnowbrowncow wrote: »

catthinkin wrote: »

How is your current mortgage being paid? You said he reneged on it

Ya according to the mortgage stamens he’s only paying the interest no capital