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Divorce/Equity/New House
Comments
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I'm surprised that you even managed to have an offer accepted on the property, and presumably a survey, when you do not have sufficient funds to proceed. Non-proceedable viewers of property are normally identified as timewasters much earlier on in the process before a date to exchange is mooted. For example, the estate agent will ask for evidence that you have the deposit and a mortgage in principle.
You may not have time to force the sale to clinch this property but that's because your priorities were wrong - the settlement should have come first.0 -
Oh yes, I forgot in this non-sexist, politically-correct world, the woman gets everything.
Tsk. Tsk. The woman in question will need to provide a permanent roof over the heads of the children for the next 18 years. That probably precludes renting a bed-sit while hubby's nice and comfy in the family home.0 -
Does anyone have any ideas on what I can do as my husband is being deliberately awkward and is not interested in helping me.
If it is a jointly owned home, move back in. That should focus his mind nicely and be less upheaval for the kids.I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.0 -
OP you can't exchange without a mortgage offer in place, and you (almost certainly) won't get a mortgage offer while your name is on a joint mortgage on the house you own with your OH.
You need to forget buying a house for the time being and focus on getting divorced. Are you getting the child benefit? If so then you are the parent with care of the children. As others have pointed out, in that case the chances are the the court will award you more than 50% of the net proceeds of sale, to enable you to provide a home for the children - the court will take a very dim view of him continuing to live in the family home while you and the children live in shared accommodation, even if they do stay with him half the time.
Also, have you contacted the CSA about maintenance?I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.0 -
Oh yes, I forgot in this non-sexist, politically-correct world, the woman gets everything.
The courts put the needs of the children first in these cases. The reality is that, up to the time things go wrong, most couples are spending nearly all their income on supporting just one household.
I hope they can sort something out amicably, rather than spending most of the equity in the house on lawyers.No reliance should be placed on the above! Absolutely none, do you hear?0 -
1. The first mistake the op made was moving out, he should have moved out. then she should of went to a solicitor straightaway, contacted csa and got herself straight.
2. Moving out of the home in my opinion was the wrong decision and uprooted the kids.
3. The money now needs to be shared, if the husband is not amicable a court will have to decide. All these moves cant be good for the children.
4. If it was me he wouldnt be getting shared care unless the monies were sorted.
5. The op needs to seek legal advice asap and make sure you are getting csa and benefits if necessary. IN FACT JUST KNOWING YOUR RIGHTS!! If you do anything just get a free consultation with a solicitor to ascertain how you stand legally in respect of the house and your monies in it and also maintenance.
6. As for house hunting...thats only once the division of monies is final.
7. She needs to wake up and smell the coffee.....once she moved out shes on her own and needs to fight to get the right share of the equity so she can then mother her children in a stable home and unless he is prepared to mediate she needs to enforce the law through a solictior and court if necessary.
8. In my opinion as costly as solicitors are you need them in this situation.0 -
it looks like she would have probably 100 + , do you really think the court will split it 50/50 where children involved - HA !
I got divorced and I had 3 young children one being a baby and I got 65/35. So 100% is complete rubbish. The court work from 50/50 and give allowances for needs of the children beyond that. I only got 65% because I had a baby of 3 months old and obviously I need to house the children till they are 18. The court rarely uproot children, so moving out of the family home was a terrible move. He would have had to pay the mortgage until it was sorted. I know this because my ex was ordered to pay the mortgage until it was sorted but we took payment holiday instead.0 -
1. The first mistake the op made was moving out, he should have moved out. then she should of went to a solicitor straightaway, contacted csa and got herself straight.
2. Moving out of the home in my opinion was the wrong decision and uprooted the kids.
Why??
The custody of the children is shared 50/50, so it didn't matter who moved out, as the kids still live there 50% of the time.
She needs 50% of the equity if they are sharing custody.
If she's still paying half the mortgage, then he should be paying half the rent on her house too...Should've = Should HAVE (not 'of')
Would've = Would HAVE (not 'of')
No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)0 -
Why??
The custody of the children is shared 50/50, so it didn't matter who moved out, as the kids still live there 50% of the time.
She needs 50% of the equity if they are sharing custody.
If she's still paying half the mortgage, then he should be paying half the rent on her house too...
Your right, if hes going to get shared custody, then she would be entitled to 50% of the house. I suppose he would then have to pay her out by 50% of the valuation of the home now or sell and then give her 50% of the monies left after the fees.
I dont honestly know what would happen regarding maintenance. I would think she would claim csa against him and he would put forward that he has the children overnight by x amount and then that would be deducted from his calculation.
Cant help feeling that he is sitting pretty...he had the affair, she uprooted the kids and moved......why?? to me he ruined the marriage and split the family by cheating.....why is he then allowed to stay in the marital home and still see his children 50% of the time and up til now not contribute.
I am not that soft....I would have made him move, gone to csa and then gone through a solicitor to make everything legal.
Having read your post again I wouldnot pay half the mortgage and rent...no way!!!! not without seeing a solicitor first.0 -
to me he ruined the marriage and split the family by cheating.....
That's not really taken into account by the courts. It's too simplistic to say it was his fault. What drove him to have an affair in the first place? Maybe he's just plain selfish, but maybe there's more to it.
Frankly, I don't know how divorce court judges cope with it all.No reliance should be placed on the above! Absolutely none, do you hear?0
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