what are my chances?????

[confused79]

I will try and keep this short althoughits hard to exmplain.

Bascially am going through a divorce, been split for 2 years. I live in the matrimonial home with our 3 children he left and only paid mortage for a few months.
We both work i have been paying mortgage on my own since and he has not paid me a penny (sorting that seperatley)
Novemeber last year put house up for sale as i was struggling with payments, then took off market as problems from ex he saying wouldnt sign for the sale.
The i went to see if i could get a re-mortgage myself, yes i was accepted, ex was agreeing to come off mortage with 10k me paying to him and i was to pay off all OUR debts with the re-mortgage money.
My new partner moved in (ex lives with his new partner) works and pays towards mortgage which obviosuly is in mine and ex name.
Ex then said he wouldn't agree to the 10K and coming off the mortgage so i could re-mortgage in my name solely.
Now i have had enough of him messing me around and am taking him to court for them to decide about him accepting my offer.
Now we had a joint debt of 15k - both our names that i was going to pay off too.
And i have out three sons and he pays nothing.
CAN ANYONE TELL ME WHAT MY CHANCES OF WINING BY TAKING HIM TO COURT?????
SORRY FOR GOING ON ITS VERY HARD TO EXPLAIN

[confused79]

I will just add that we only brought the house in 2004 and i have now paid more towards the house than he has and for longer. If that makes a difference.

[innocenti]

Nobody can give you a guarantee for this. Going to court can be a long and costy process, but for peace of mind you should do it.

The court will award you a percentage of the equity and if they feel your offer to your ex was good enough they can insist that he accepts your offer.

But it could backfire, the courts could decide that �10K is not enough and award him more equity.

You would be best to try to get your ex to co-operate without the route of courts but sometimes this cannot be avoided.

[Answer Guru]

im going to be brutaly honest as an estate agent my self we have quieries like this all the time, going through court isnt as easy as it may seem and at the end of the day they are going to dig about your personal stuff so you must also bear that in mind too. if you can prove that you have paid it off without help from him you may stand a chance but it can get nasty so out of court is always better, try and get him to be reasonable see what he wants if he is not happy with your terms!!

good luck!!!

[confused79]

See i have agreed out of court twice now, even as far as him writing a letter signing it and sending it to my solicitor saying he agrees, he just gets very personal and jealous then changes his mind, this has happened 3 times now im going round and round in circles with him and it seems now that he is in total control of my life and this is why im taking the decision to take it to court.

You see i wouldn't care if we had no children but i have our three sons interest to think about and this is there home and surely the courts look at what is best for the chilren.

Yes i can prove for
1. he has not paid anything to me towards the boys upkeep.
2. That he has been working and paying for his partner and HER child.
3. That is has been me and only me that has paid the mortgage for nearly 2 years.
4. That i have never denied him access to our children.
5. I can prove that he has agreed then changed his mind 3 times about accepting the offer.
I will also add for me remortgaging i woudlnt be getting any money left over after paying him the 10k and paying off our JOINT debts there will be nothing left.
I was even thinking of just paying off my half of the debts as it was in joint names.
I would love nothing more than to get him to agree but with him it is out of the question now, its all a game to him and i have had enough of it.

[xhxmxsx]

the fact he hasnt paid anything towards your children wont matter if the reason you are taking him to court is for the sale of the house etc, if you bring that up they may think you are using any old excuse, my friend was in the same situation nearly,
i doubt you would get away with only giving him 10k as im sure the house costs more and as you are married and joint owners you would be very lucky, get onto the csa for maintenance , if he lives with a new partner and her child he will have a percentage of his wages taken off before the assess him for this other child

[confused79]

I would not use he hasn't paid for the children in court, and i have contact CSA.
He would only get 10K anyway if we split it 50/50 once the house is sold as ive said about a debt that was in both our names.
As i have the children with me surely i need to keep a roof over their heads.
I have been told he should keep roof over their heads until they are 18! he bascially is taking away his childrens home which he isint even paying for 10k is more than i should give him anyway, as ive said he only paid the first year of the mortgage he has onyl paid a fraction to what i have and he earns more money, so to be honest i think if it goes to court he wouldnt even get the 10k! surely