Applicable seperation, need a solicitor?

MrsTinks

Any new debts she runs up in HER name are HER responcibility - if you have any joint accounts (other than the mortgage) then get them closed ASAP!!!! You will be jointly liable as far as the bank is concerned no matter which of you run the debt up!
Anything accrued whilst living together as a couple etc would probably be considered in the divorce settlement unless you wanted to contest that it had not been spent on "the family or the home" - ie if she ran up £5000 of debt going on holidays on her own leave you and your daughter at home... a court might decide that should be subtracted from her share or she should be solely responcible for that debt if you see what I mean?

MrsTinks

If her name isn't on the deeds then no she can't take out secured debts on the house - no more than a tenant could. I don't think you can be on the mortgage but not the deeds? But I don't know! If it's all in your name then no she can't secure any debts on it. If it's in joint names then yes she can.

antony_

So, theres no reason not to transfer all the bills into her name now? Not sure about the mortgage though? Presumably that has to stay in my name to avoid the releasing equity situation, but then why should she pay me to pay the mortgage if her name isn't on it?
We did have a joint account but that was closed soon after the split. Everything else is in her name or mine, nothing joint

MrsTinks

No reason not to put the bills in her name now as far as I can see... as you are married and have a child she's already as entitled to anything as she is likely to be...
Why should she pay you anything towards the mortgage... mmmm no legal reason as although you could sell the house without her permission but because of your child you could end up in tricky waters - if she's not willing to pay the mortgage then you really really really need to speak to a solicitor... alternatively you could set up a tenency arrangement? But again i'd check that with a solicitor!

antony_

silvercar wrote: »

A friend in similar situation to you had a choice, take 30% of the equity now or 50% of the equity when the younger child reached 18.

The 30% represented the husbands obligation to provide a home for his children.

Thats interesting. Was this something decided between them or did someone else decide it?
It would be great if there was a list somewhere of common divorce settlements and then you could see what was closest to your scenario

antony_

> if she's not willing to pay the mortgage

she is, but if I was her and I wa paying the mortgage I'd demand my name to be put on it

Got2change

antony_ wrote: »

So, theres no reason not to transfer all the bills into her name now? Not sure about the mortgage though? Presumably that has to stay in my name to avoid the releasing equity situation, but then why should she pay me to pay the mortgage if her name isn't on it?
We did have a joint account but that was closed soon after the split. Everything else is in her name or mine, nothing joint

Whatever you and she "decide" to do about the mortgage, it will have to be agreed by the lender - i.e. if it was the case that the mortgage be transferred into her name, she would have to be able to sustain it.

As I said before, however simple you and she want it to be, the money side of it will be complicated - unless you are prepared to simply walk away from all assets and liabilities (not that simple) and even then, official bodies would be involved. And that's without even mention of your daughter.

You really do need legal advice; many Solicitors do a fixed fee initial interview or even free first half hour; then you can get a better idea of what is and isn't possible.

WestonDave

There is a scheme called collaborative law in which solicitors aim to work to positive solutions rather than trying to stir up fights etc which only rack up costs. If you do decide you need someone to help with putting what you have agreed into legally binding form then picking from those who are members of this scheme might be a good way to ensure you have someone that is in tune with what you are trying to acheive. Try Resolution.org.uk if you want to find a solicitor who is part of the scheme.

antony_

silvercar wrote: »

A friend in similar situation to you had a choice, take 30% of the equity now or 50% of the equity when the younger child reached 18.

The 30% represented the husbands obligation to provide a home for his children.

Out of interest, how often did the father have the child to stay? I'm
assuming I'll have her 2/3 times a week (sort of agreed on this).

Got2change

antony_ wrote: »

Out of interest, how often did the father have the child to stay? I'm
assuming I'll have her 2/3 times a week (sort of agreed on this).

Will you be having her to stay with you in the room that you're renting at the moment?
I hope I am not misunderstanding your question here and that you are possibly equating %age of equity to number of times you see/have your daughter (although fair enough, it does/did come into play for CSA calculations).....
At the end of the day, you will no longer be in her life as a full-time father and the value, equity and percentage of hardly has any bearing (imho of course). There are many permutations of the the way in which you can take this forward and of course money plays a large part.
Hazarding a guess -
1) Mortgage transferred to joint names and you will each be paying an equal sum. This is a pain in the rear for you as "all" you are doing is a) continuing (in part) to provide the roof over your child's head and b) protecting your investment. You will also have to fund your new living arrangements and will be unlikely to see any funds until your child is 18 - by then house prices could have plummeted even further and the mortgage is vulnerable to either of you (although measures should be taken to prevent) releasing equity and therefore increased debt and reducing ultimate profit when property is sold. This would also entail having a charge against the property for a very long time and links being maintained between the two of you.
2) Mortgage transferred to her - subject to lender approval, not guaranteed. I take it you would expect some kind of pay-off/buy-out - requiring a bigger mortgage for her; this may be granted with your maintenance payments taken into account so bear in mind, you will still be paying for the house, although in a roundabout way. You getting money will hinge on her ability to sustain a bigger mortgage than you have at present.
3) Current arrangement - hardly ideal and open to all sorts of resentment (understandably). Have a think about what you would (want to) do if you were the one staying behind with a house to pay for, an ex to buy out and a 5 year old who's life is being messed up.
All the best, whatever you decide. It will not be cut and dried and DIY/internet divorces do not usually involve children;they are about as much use as spinning round three times while chanting "I divorce thee, I divorce thee."