Ex partner not giving me money from house now youngest child is 18

[peteepetee]

Hello.
I split from my ex partner a number of years ago and an agreement was sealed by a court that she would continue to live in the family home and when my youngest was 18 she would pay me a stated amount plus accrued interest.

Youngest is now 18 and the money is not forthcoming! basically the only way she will raise funds is to sell the house which she does not want to do. To complicate things she has another child by a man who she is not now in a relationship with, is unemployed and has an appaling credit history.

I have sought legal advice today and was told that if we take her to court a judge may find in her favour if it would be in the best interest of that child! How can that be right?!! So he is telling my that I may be expected to lend her the money for an extended period of time to house another persons baby? Surely that can't be righ? What if she just keeps having more children?

Now I don't know wherther to proceed with the court action to enforce this as I may be saddled with a few thousand pounds (which I don't have) of costs and not get either the cost repaid by her or the money she owes me. The costs will run up as she will ignore everything and cause extra work hence more costs.

[jedimistress]

I am not a solicitor, but I know the father has a duty towards his child, not you. You have done your duty towards your child in keeping the house until your youngest was 18.

Would you consider representing yurself in court to save on solicitors fees? I feel a judge would enforce your original court order. If you were husband and wife who divorced and had the consent order drawn up, it would not matter how many children she subsequently had, the order would still be implemented. Surely it would be the same in your instance.

Have you considered a second opinion when it comes to legal advice???

[STIDW]

These types of agreements are fraught with difficulties when the time arrives for the arrangement to end. Very often there is a clause in the terms of the agreement that the house is to be sold when certain conditions are met or by "further order of the court."

The problem is because your ex-wife hasn't remarried there are no rights for cohabitants so she can make no claims against the father for herself, only for child maintenance. If you apply to court to enforce the order the court must consider the welfare of any under 18s living in the property and needless to say there is some reluctance to make children homeless.

[johnny37]

Again I am not a legal expert. I find it incredible that having discharged your part of the bargain you cannot realise your asset. Ask your solicitor how he got this opinion. Is there a precedent? It might be pertinent to get counsel's opinion (ie a barrister) which will cost you a couple of hundred pounds (I think!). If correct the very least you would expect is to charge rent on your half of the house.

[marval]

You might want to try Citizens advice, they should give you free advice.