What are my rights in this messy seperation?

DB9

Have you got a pension? If so she is entitled to some of that.

Why dont you buy her out?
You would not i'm sure have to give her half as you have been the main earner, also she has made a new life with a new partner and child, why doesnt He support her?
Oh and by the way, she has to payback the credit card debts because they are the married debt, anything she runs up since you have moved is also her responability.

pinkshoes

As you are on the mortgage and deeds, you are quite entitled to live there, so personally I would move back in to help speed up the sale. If they've changed the locks, you're quite entitled to call a lock smith to break the lock, as it's your home. There is nothing the police could do either, as you have your name on the deeds and mortgage, thus are entitled to be in your own home. If your ex and her new partner don't like this arrangement, then perhaps you can all sit down and work out how much they're going to pay you to buy you out, then you'll get the name taken off the mortgage/deeds, and his added.

As for not paying your share of the mortgage, I would say that you are swapping your mortgage payment for his rent payment which is a like for like swap. If they're not happy with this, he can pay you rent (say £400), and then you pay the mortgage (say £400).

The debt may be in your name, but obviously you can prove that it was to pay for the wedding, and given that you wouldn't have been marrying yourself, then she should pay half, and a court would also see it that way. Perhaps this could be taken into agreement in the negotiation.

What exactly did you pay for the home, when did you buy it, and what's remaining on the mortgage. People here will help you work out a sensible figure to demand from her. Bearing in mind that in some areas houses are receiving VERY low offers, perhaps your £10k equity would be nearer £5k. In fact, if she gave you £5k, would you be willing to walk away and call it quits with the house and the debt?

anguk

It's a shame she, and her new partner, couldn't just buy you out it would be so much easier. That's what happened when my parents split, my mums new partner bought my Dad out and my dads name was removed from the mortgage.

Just a thought, (I know nothing about things like this) but if the ex-wife is on a low income and perhaps the partner has been paying the mortgage would he have any claim on the house if he could prove he'd been paying it, even if he's not named on the mortgage or deeds?

Deep_Ocean

DB9 wrote: »

Have you got a pension? If so she is entitled to some of that.

Why dont you buy her out?
You would not i'm sure have to give her half as you have been the main earner, also she has made a new life with a new partner and child, why doesnt He support her?
Oh and by the way, she has to payback the credit card debts because they are the married debt, anything she runs up since you have moved is also her responability.

I have a small pension but not worth anything, I think that her new fella knows a bit about law and he has made her realise what she can get out of me and he is not about to return any favours. They will get everythin' that they are entitled to.

As for buying her out, it's an option as a last resort. I want to go to university full time in september so I dont really want any financial comitments but if it's the best way I might av to concider it.

Thanks

DB9

Do not worry about her fella, your solicitor will also know the law.

how long have you been married? This will factor in what she gets. 10 yrs then its def half.

She will not get very much, as I see it she has left you for someone else and had a child to him, she has set up a family in the marital home for which you have NO responsability for what so ever. She will only get back what she has put into the marriage.

You could be cheeky and buy the house and rent it back to them and still go to uni

Rikki

Why wasn't the finances finanlised at the time of the divorce? Normally this is done before the decree absolute is issued.

Deep_Ocean

Rikki wrote: »

Why wasn't the finances finanlised at the time of the divorce? Normally this is done before the decree absolute is issued.

Because I was naive and my solicitor wasn't very good.

I told my solicitor that I wanted everything to remain amicable. I told him that my ex wife had nowhere else to live and so she can stay in the home until she finds herself somewhere else to live. this was 12months ago. I was not advised on this mess that I have found myself in. He took his money for the divorce and no longer has any interest in helping me.

Now I find myself with £2000 credit card debt and a house which I cannot get my ex wife out of. I have been naive and foolish. I provided the main income when we were together, I paid the bills and everything. When I sold my car she asked for half of it and i foolishly gave it to her. The touring caravan I brought for £2000 was sold and she took half of that. The new leather sofa for £900 needed to be paid for so I sold all of my photography equipment £1500 and paid some of credit card and paid sofa off. She took all my nectar points to buy herself and her new partner a new bed from argos.

Lesson learned

Deep_Ocean

DB9 wrote: »

Do not worry about her fella, your solicitor will also know the law.

how long have you been married? This will factor in what she gets. 10 yrs then its def half.

She will not get very much, as I see it she has left you for someone else and had a child to him, she has set up a family in the marital home for which you have NO responsability for what so ever. She will only get back what she has put into the marriage.

You could be cheeky and buy the house and rent it back to them and still go to uni

we were married for two years

I could use the £10,000 tied up in the house to help me get through uni. I am 27 and used to earning £20,000 a year so going to uni and quitting work will be a financial struggle. The £10000 will help so don't really want to buy her out the house. It might be my best option though if it's the only way of getting her out

Got2change

Deep_Ocean wrote: »

Because I was naive and my solicitor wasn't very good.

I told my solicitor that I wanted everything to remain amicable. I told him that my ex wife had nowhere else to live and so she can stay in the home until she finds herself somewhere else to live. this was 12months ago. I was not advised on this mess that I have found myself in. He took his money for the divorce and no longer has any interest in helping me.

Now I find myself with £2000 credit card debt and a house which I cannot get my ex wife out of. I have been naive and foolish. I provided the main income when we were together, I paid the bills and everything. When I sold my car she asked for half of it and i foolishly gave it to her. The touring caravan I brought for £2000 was sold and she took half of that. The new leather sofa for £900 needed to be paid for so I sold all of my photography equipment £1500 and paid some of credit card and paid sofa off. She took all my nectar points to buy herself and her new partner a new bed from argos.

Lesson learned

1) If you have an issue with the Solicitor - there is a prcess for complaints via the Law Society - check out their website.

2) I doubt very much that your good natured handing over of various sums of money will be taken into account (sadly) but you would be wise to keep an absolute record of everything - with written evidence if possible.

You do need to focus on the property (and I understand that you let the divcorce go through without dealing with the ancilliary matters; I did it too - and got royally shafted).

You should be able to get a fixed fee first half hour type meeting with a local solicitor who handles matrimonial cases - ring them direct and don't bother with CAB - it would take weeks to even get an answer on the phone.

Your situation is of course not helped in the present economic climate as even with the best will in the world, demanding a sale (which you probably can) doesn't mean that it will sell or for the value that you may place on it. Preferred option would be for her to buy you out based on a fair valuation and with mortgage payments made/rent for living on the property taken into account (in all likelihood one will cancel out the other - the fact that she has paid the full mortgage renders her not needing to pay you any rent for living in your half as you - rightly so - haven't been paying half the mortgage.....).

You are right to say that (talk of) booting out her boyfriend, changing locks, you moving in would all get silly - so best to stop tormenting yourself with thought of that and focus on damage limitation.

(Take it from someone who knows)

**Patty**

DB9 wrote: »

Have you got a pension? If so she is entitled to some of that.

Why dont you buy her out?
You would not i'm sure have to give her half as you have been the main earner, also she has made a new life with a new partner and child, why doesnt He support her?
Oh and by the way, she has to payback the credit card debts because they are the married debt, anything she runs up since you have moved is also her responability.[/quote]

I'm just going to pick up on the bit I've placed in bold.

That is wrong.

The principal cardholder (in this case the OP has said the one & only card is in his name) is the ONLY one responsible for the debt.
It bears no relevance as to what was bought/paid for or by whom. The cold fact is it's the OP's card and he is legally responsible for that debt.



*why the quote bit hasn't worked is beyond me though....ROFL*