What will I do????

susi

I seperated from my husband 5 years ago after 25 years of marraige. He now wants to sell the house. I have no idea what I am going to do. Our house is worth around £120k. So Im guessing after everything has been paid I will be left with around £50k. At the tender age of 50 and unemployed due to ill health Im pretty sure I wont get a mortgage. Im even more sure I wont be able to buy anything for my balance, what is someone in my position supposed to do???? My husband on the other hand, will get half our house, his mothers house which we have paid the mortgage on since 1988 (although the mortgage is in her name). And he has a job. mmmmmmmm I am trying not to feel bitter but it leaves a bad taste!!!!

davilown

susi wrote:

I seperated from my husband 5 years ago after 25 years of marraige. He now wants to sell the house. I have no idea what I am going to do. Our house is worth around £120k. So Im guessing after everything has been paid I will be left with around £50k. At the tender age of 50 and unemployed due to ill health Im pretty sure I wont get a mortgage. Im even more sure I wont be able to buy anything for my balance, what is someone in my position supposed to do???? My husband on the other hand, will get half our house, his mothers house which we have paid the mortgage on since 1988 (although the mortgage is in her name). And he has a job. mmmmmmmm I am trying not to feel bitter but it leaves a bad taste!!!!

Not too sure but i'd definately go for more from your house, even to the point of keeping it in exchange for you not asking for any money from his mother's house (as long as you can prove thatmortgage was paid by the two of you). Hell go after his pension as well

:beer: monster

susi

I can proove we paid it up to him leaving as I always paid by cheque. As for the pension, he has already done that!!!!

lynzpower

Id speak to your solicitors then and see if you can get to keep the house ( or a much higher proportion of the equity) and he keeps the mortgage paid on his mums.

Seems crazy that he gets to keep both in all this.... thinking of you x

Bossyboots

Here we have that old chestnut of the mythical 50% split. 50% is only the STARTING point for settling matrimonial splits. The scales are then balanced each way depending on income, future earning capacity, future capital expectations and anything else that comes into the mix.

Therefore, in this situation, there is every reason to think (from the limited information supplied) that in fact the husband would only be entitled to a small proportion of the matrimonial home, if anything.

Susi you must go and get proper legal advice taking all your facts and figures about your finances (and any of his you have) to a solicitor so that they can help you with this. There is every chance you will qualify for legal aid from what you have said and although you would still have to pay your fees back from your settlement, these will be considerably lower than paying private rates.

van_persie

Very sorry to hear of your situation; do you qualify for Legal Aid? This really is an issue for a good solicitor. Your first port of call should be your local Citizen's Advice Bureau.
Good luck...

silvercar

I know someone in your situation, long marriage and ill-health who secured all the house plus maintenance. He recently went to court to reduce the maintenance, as she now has a part-time job, and was told that he should be encouraging her to work not try to use that against her. She has a good solicitor!

robwend

i thought who ever paid the mortgage regardless of whos names on the deeds had more rights? the mortgage is mine but hubby pays, if we was to split they would give more to him as hes laid out for it not me

Bossyboots

robwend wrote:

i thought who ever paid the mortgage regardless of whos names on the deeds had more rights? the mortgage is mine but hubby pays, if we was to split they would give more to him as hes laid out for it not me

No, that's not true. The contribution you made to the household will be balanced against it.

For example, my OH has always paid the mortgage. I gave up work for 12 years to raise our family. My contribution in those years will be considered equal to his albeit mine was not financial. Since I returned to work, I have made contributions in other ways to the home including financial. These have no less value than paying the mortgage so it becomes a balancing exercise to recognise what both parties have contributed however that contribution may have been made.

rozeepozee

I would second the comments above. Get yourself an experienced divorce lawyer. Someone who has experience of financial matters (try someone who's a member of resolution http://www.resolution.org.uk/ if possible). You may be entitled to more than you realise. Certainly do not believe what your well meaning friends tell you or (especially) what your ex insinuates. It's hard to fight a divorce settlement when you're feeling really fed up but you must if you're going to get the best for yourself long term. Best of luck