EX husband and charge on the house

[donna74]

Hello all

Me and my ex are getting divorced we have 2 kids 7,5 I moved out due to domestic violence
When I moved out I put a charge on the family home (im not on the mortgage but was bought when the children was first born so it's the family home)

Now my ex has under valued it so it looks like there is no equity in the property which I know there is about �10k

Can I keep my charge on the house and make him give me the equity when the children reach 18 if he keeps saying there is no equity.
I'm willing to put the kids though Uni. And look after them until then but wanted the money so I could buy them an house each to help them in the future I don't want any money for me just want it for them
Do you think this would be a fair request?
I have walked away with nothing we had a family car but he sold it to his brother for a low value.
He is playing dirty and this upsets me because he knows he is not ripping me off but his own kids

Thanks

[ummmm]

How come you are not on the mortgage?

[donna74]

because he was a controlling bully and would not let me even tho i was his wife he would let me. as i was a full time housewife as he would not let me work. or have my own cash

[bednobs]

tbh its only your estimate that there is 10k of equity in the property. how do you expect to buy houses for the kids with 10k anyway?

[donna74]

Easy get a buy to rent mortgage put down 15% and rent out the houses so they pay for themselves

And its not my estimate that there is 10k of equity in property house for sale in the area are going for what the family home should be
And many website i.e. zoppla and house prices are going up only a little but they are and 10k is 10k
I have done my homework about the house prices
And yes I can get that type of mortgage in this day and age and yes I know of plenty of houses for sale in the price rage I want
Me and ,my kids and partner live in a nice house of our own.
All I want is to look after my kids future unlike the bully I married !

[bednobs]

i thought that a charge on the house was an amount to be paid after the mortgag is paid off and before anyone profits. if there is no profit, then the person who placed the charge gets no money. I dont think you can specify when the house is sold, so if he needs to sell it now, and to do that he needs to drop the price, i don't think you get any say in that. there are lots of things that affect a house price, and even if smilar sized houses are on the market for more, it dosent mean thats what they will sell for or thats what his house it worth. Perhaps he is the only one being realistic in price - we have been looking for a house lately and nearly all of them have been on at a higher price then reduced (partly because people just can't seem to accept their house value has dropped)
I have no idea where you live, but find it amazing that 10k is going to get you 15% of one house price, let alone "buying them a house each"!
also how are you buying them houses if you are renting them out to other people? thats just building a property empire (or could be seen like that) and it's not all that surprising your ex dosent want to fund that for you (if indeed thats what he is doing)

[donna74]

The 10k would help put a deposit down I know there is equity in the house and so does he he is just doing it to nasty

Oh btw a charge on the property is there as family right so there is no % its to stop him selling it or re mortgaging it I have not asked him to sell the family home I was asking IF I could get a charge on the house like many men do when the woman stays in the property
I want to buy them houses to rent as its against the law to allow a child of 7 or 5 to live alone!
I will hand the houses over to them when they are 18�. That way they will benefit from today�s housing prices .i do know about mortgages etc as my partner is a chartered accountant.
And why should my ex husband to be get away from supporting his kids in the future
I have not gone after his pension etc but he is under valuing the property because the agent who went last time in august 08 has told me its worth 115k �.we was married for 10 years 8 of them he kicked the sh***out of me then he stated on the kids and you think I should just say ok fine keep it all?

[bednobs]

sorry your question made it seem like you did have a charge on the house, not if you can have a charge on the house.
Of course he can get out of providing for them in the future, because when they are 18 they will be adults, and there is no obligation for parents to provide for their kids then. is he providing for them now?

I guess we dont really have enough info - for example, why is he selling now? Is it because it might get repossessed if he dosent?