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  • Kimitatsu
    Kimitatsu Posts: 3,886 Forumite
    1,000 Posts Combo Breaker
    edited 18 November 2009 at 10:58AM
    Hiya :o

    Yes if you wanted to you could buy him out - the mesher order is the idea of you being able to stay in the property. Bear in mind as well that the court will start at a 50/50 split on the house and then take into account the fact that you will be responsible for bring up little one and the pension fund and what your ex husbands future and past earnings may be. In reality this will mean that you will come away with more than a 50% split in the house, common is 75% and sometimes more than that.

    Dont worry too much about what seems to be an impossibility! You have a long way to go yet. Thats why I suggested the £1 nominal amount, that leaves the door open for you for later, if you can get him to agree it as part of the divorce then you can argue over it later when you feel a little less raw.

    As a single parent have you registered with the lone parent adviser at the Job Centre? You are eleigible for Income Support (you are not available for work as your little one is so young), child tax credits, healthy start vouchers, mortgage relief (as you own your house you are not eleigible for local housing allowance) and council tax benefit.

    When little one is bigger and you feel ready if you choose to go back to work and work more than 16 hours a week you will be eligible for Child tax credits, working tax credits, some council tax benefit, as well as a back to work bonus and help with retraining. Child tax credits will pay up to 80% of your childcare costs, as long as it is an Ofstead registered provider (nursery or childminder at this age) so that will help too.

    Regarding the assets anything that you have bought together in the marriage is classed as an asset, so pensions, savings, share options (even if they have not been realised yet) bank accounts, car, property, antiques, jewellery etc etc If you can make a note of all of his pension funds, bank accounts etc and if you have any of his old payslips or P60's then it is worth keeping a copy as it proves the level of income that he was on and could have expected to maintain.

    Whilst his name is on the mortgage without a court order to indmnify him he is liable for the mortgage just as you are. Make sure he is aware of that and that it could affect his ability to get a mortgage in the future if he fails to keep up payments on it. At the moment it is not in your interest to have his name taken off it, as you would be laible for the whole payment.

    I know it must all seem like a mountain to climb at the moment, useful places to get support though are SureStart, they often have CAB advisers that run outreach clinics, JobCentre Plus - their lone parent advisers will help fast track your applications and when you do go back to work will arrange a 4 week run on so you are not out of pocket and your local CAB who can tell you which solicitors do legal aid and which are family specialists.

    Through all of it take care of yourself, in a few months you will look back and smile at how well you have done.
    Free/impartial debt advice: Consumer Credit Counselling Service (CCCS) | National Debtline | Find your local CAB
  • I have to say kim...great advice for fitz.
    :-)
  • i agree! given me a lot to consider...

    cant do csa application online cos of income support, so will print it off and send it in.
    :male:Alfie Sidney born 29th August 2009:male:
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