Help - Next Door Neighbours Getting Divorced

humfer

Our next door neighbours split up about a year ago, with the wife moving out and the husband staying in the house until it was sold. Unfortunately the house is still not sold and the wife (who we are friends with) is having rent elsewhere and obviously is getting deeper and deeper into debt as she is paying rent plus her half of the mortgage.

Seeing her yesterday, she is considering stopping paying half her mortgage which I would have thought would be the last thing she wants to do if she wants to keep half her share of the equity when it does eventually sell. The thing is, now she is getting desperate as the husband is quite happy staying where he is, and is theatening her with having to pay half of his credit card debts (substantial amount).

She is now going to start seeing a solicitor which I am worried about as she will get into even more debt and with the house not sold, can see big bills being built up. Does anyone know - (1) what she should do with the mortgage payments and whether or not the additional rent she is paying to live elsewhere will count in any settlement, and (2) whether she is liable for any share of her husbands credit card and loan debt (stuff she did not know about). Any help greatly appreciated..

Bossyboots

1. The half share is a starting point. She may or may not be entitled to that division.

2. She is paying rent and struggling. She should stop paying her half of the mortgage and make allowances in the settlement for her husband taking it all on, or pay the arrears from her share on sale. (She should speak to a solicitor about this first though as they will have all the facts and figures but it is not reasonable to expect her to pay rent and mortgage). If he will not sell up, then he needs to pay her share to her.

3. She is not liable to pay any share of her husband's credit card or loan debts if they are in his name only.

4. She might be entitled to legal aid to at least reduce her liability on legal fees. She should make sure she is assessed for this.

THE_LONE_RANGER_4

as for her husbands credit cards i think if she is still maried to him the creditors will regard her as fair game ,especially councill tax ,she needs to put a disclaimer in the local paper distancing her self from all debts incured by here husband after such a date

Bossyboots

THE_LONE_RANGER wrote:

as for her husbands credit cards i think if she is still maried to him the creditors will regard her as fair game ,especially councill tax ,she needs to put a disclaimer in the local paper distancing her self from all debts incured by here husband after such a date

They might regard her as fair game but she just has to stand her ground. She has no liability for debts that are solely in his name. He might have a case to argue in the divorce courts if those debts were accumulated by her spending, such as clothes or even if they are household item but as far as the creditors are concerned, she has no responsibility for them and wouldn't, even if they had not separated.

humfer

Thanks for the advice. Passed on to our friend and she is especiallt relieved that she doesn't need to worry about his credit cards debts. She's now booked an appointment with her solicitor to look at her mortgage payments. Just hoping the house will sell and she can get on with her life

One other point that she is concerned with. The husband has moved in a new girlfriend. Is this something my friend needs to worry about. Apart from being a bit poor moving in a new partner when your old partner is still paying half the mortgage, just concerned that the new girlfriend could cause problems with potential rights - not swatter rights but something similar maybe>???...

Gorgeous_George

I think it would be reasonable for your friend to expect her husband to pay rent for her half of the property. I also think that she is seeing a solicitor a year too late.

She should not have left the home in the first place.

I'm not sure about the credit cards debts. She needs to see a solicitor (and a good one) at the earliest opportunity.

GG

filigree_2

It sounds like the husband is onto a cushy number here - is he perhaps holding up the sale in some way? All he needs to do is leave the house in a mess and let weeds grow in the garden, that'll put potential buyers right off. Now he and the girlfriend get a whole house to live in while only paying half!

A cheaper alternative to solicitors might be to try a mediation service, where you discuss your finances with a neutral referee. I'm not sure how they could find a local mediator, perhaps try asking the solicitor or CAB.

Your friend could try www.ondivorce.co.uk where there is a forum for asking just this sort of question.