my friends wife is having affair but wants mortage put in both names ???

wannabe_sybil

Mrs Tine - for the sake of discussion (not argument) all debts in wife's sole name will remain in wife's sole name, and only she will be chased for them.

If the husband goes on the mortgage then they will be financially linked, which will not mean that he is liable for debts in her sole name but may have implications for the husband's credit record.

If the husband goes on the mortgage and the wife defaults or has arrears that he knew nothing about or had taken payment holidays that he knew nothing about and then she left then the husband could be entirely liable for the mortgage, including any arrears.

If the husband is put on the mortgage, then the wife throws him out and installs the boyfriend then the husband is still liable for the mortgage even if he does not live there. This is especially true as the mortgage company will pursue both for any defaults, especially the one that they think will be the best chance of getting to pay.

Also in a divorce if there are children to consider then it is likely that the wife will be allowed to live in the house, even if it is in both names, but the husband would still be liable for the mortgage.

I have a horrible suspicious mind.

:hello: celyn nice to 'see' you.

Also sorry if a bit clunky - typing around a tabby.

celyn90

If she's taken out secured debt in her name, then they will chase her for it (I actually meant a formal remortgage in my post, in which case he would be assuming liability). Debts, however, will be considered during the division of maritial assets though, regardless of who's name they are in and can be considered as part of a financial hearing.

What needs to be considered is if he leaves and is on the mortgage, he will be liable for it even if he doesn't live there. If he goes and is not, he is under no obligation to keep paying. It sounds to me like she is planning on asking him to go and making sure he's still footing the bill. I would be very very wary.

There is no other reason I can see for him to assume her debt through choice, if the relationship was stable then the current arrangement should be fine.

peachyprice

I would suggest John pays £2 and checks the Land Registry to find out exactly how much borrowing his wife has against the property.

diable

I suggest John packs his bags loads them in to "his" porche and drives off, also stops paying the mortgage and rents himself a flat somewhere and leaves her to it.

Jastons

Also in a divorce if there are children to consider then it is likely that the wife will be allowed to live in the house, even if it is in both names, but the husband would still be liable for the mortgage.

Who divorces who and for what reason won't make any difference as to how assets are divided and the potential provison of spousal support. The finiancial side of divorce is dealt with (in my understanding) after decree nisi but before decree absolute and the reasons for the divorce are kept separate. I would think she would go for sposual support if he's been keeping her and she hasn't been working.

Sorry to hijack the thread but there is something that bothers me. First the scenario....

A man, who owns his own home, marries a woman with children from a previous relationship. The new wife and kids move into the guys house and they all get along fine for 2 years. The wife doesn't work but stays at home to look after her young kids. After 2 years the woman files for divorce because she wants to run off with her toy boy.

Will the wife be entitled to half of the guys assets and live in his house with the kids whilst the guy has to stay in a bedsit until the divorce goes through?

Its stories like this that give me serious doubts about ever getting married :eek:

Pee

Jastons wrote: »

Sorry to hijack the thread but there is something that bothers me. First the scenario....

A man, who owns his own home, marries a woman with children from a previous relationship. The new wife and kids move into the guys house and they all get along fine for 2 years. The wife doesn't work but stays at home to look after her young kids. After 2 years the woman files for divorce because she wants to run off with her toy boy.

Will the wife be entitled to half of the guys assets and live in his house with the kids whilst the guy has to stay in a bedsit until the divorce goes through?

Its stories like this that give me serious doubts about ever getting married :eek:

It would be very unlikely that after such a short marriage, two years, that the assets would be split half and half, but in the scenario you suggest if husband moves out of the house he will be living in a bedsit until he can finalise the divorce, where the house would be sold and the value be divided as the court thought fit.

But then I am very anti- marriage.

MrsTinks

wannabe_sybil wrote: »

Mrs Tine - for the sake of discussion (not argument) all debts in wife's sole name will remain in wife's sole name, and only she will be chased for them.

If the husband goes on the mortgage then they will be financially linked, which will not mean that he is liable for debts in her sole name but may have implications for the husband's credit record.

True but very minor effects so long as the mortgage remains paid.

If the husband goes on the mortgage and the wife defaults or has arrears that he knew nothing about or had taken payment holidays that he knew nothing about and then she left then the husband could be entirely liable for the mortgage, including any arrears.

my understanding was that husban is already paying the mortgage

If the husband is put on the mortgage, then the wife throws him out and installs the boyfriend then the husband is still liable for the mortgage even if he does not live there. This is especially true as the mortgage company will pursue both for any defaults, especially the one that they think will be the best chance of getting to pay.

If he's on the mortgage she CAN'T throw him out - he has equal right to remain in the property if he's on the mortgage and the deeds...

Also in a divorce if there are children to consider then it is likely that the wife will be allowed to live in the house, even if it is in both names, but the husband would still be liable for the mortgage.

if the children live with her yes - but she can't actually chuck him out... He could be tenancious and remain living there just to annoy her...


personally? i'd actually not bother an just start divorce procedings and without telling her stop paying anything not in my name... if she asks why - and she's bound to - tell her to get xyz to pay it... it's his turn to pay now, btw i'm divorcing you love...

wannabe_sybil

Mrs Tine - I'm with you, I would just stop paying.

I suppose the house thingy is all about how easily the husband can be 'bullied' - in inverted commas because I can't think of another term - to leave. Especially if the poor man has been put on the mortgage.

I hope you don't mind me putting these things up - it is not because I think you are wrong but because I think it may be useful to people in similar situations to know that these things can be discussed.

Also, if there is domestic violence then the wife could apply for an occupation order, which doesn't apply in this case but may in others.

It is dreadful how complicated and devious these things can get.

whothrewthat_2

Sadie,

Has John managed to get to a solicitor yet?

Just a thought, but I would steer clear of going down the line of putting the name on the house or mortgage. Given that John has his own business any blot on his credit file may come back to haunt him in the future,should she run off and he is left footing the bills.

I was thinking what would I do in John's shoes and i think I would probably do the following (given that she doesn't know he knows about the affair):

I would get the keys for the Porsche on the pretence that it needs to go into the garage or something. If she runs off with it then it could take ages to get it back and out of spite something might be done to damage it when it is returned. Divorce can make people act in a funny way.

Start looking for a place to stay i.e. rent a flat and be prepared to move quickly when the bomb drops. She may not run away with this chap, he may come back to find the locks changed one day. Of course if there is loads of debt then she will disappear, but John doesn't want to sit around for the baliffs to come and pour through his stuff.

Make sure he has all of the required documentation from the house needed to get legal proceedings rolling, i.e. marriage certificate, bank statements etc. Have copies of electricity, gas and any other bills he is paying so he can contact the companies directly once he is out of the house.

Listen to the solicitor and get the divorce started asap once he is out of the house!!

I know its a painful situation but he is lucky that he is forewarned about what is going on so he doesn't blindly walk into a bear trap.

ailuro2

He should sign up for a free credit check from Experian to see what debts are linked to him....