Divorce, bills & notice of pursuant.

edmond

Hi,
My wife and i have decided to get divorced after two bad years, i have move out and left her with the family home with our two children.

I recieved a notice of severance today from her solicitors (notice of pursuant) so that the house would be held at tenants in common.
Is this something i should sign, as we have not agreed on financial matters.

I also recieved a letter from the CSA asking me to fill out the enclosed booklet and that payment would start from the date of the letter.
Because we have not sorted out any financial issues am i leaglly bound to carry on paying the mortgage and bills for the house? if i am paying CSA to the children do i need to pay for everything else.

I guess what im asking is what by law do i have to pay.
We have not started mediation either.

Thanks

pigpen

I don't think you are liable for anything above what CSA say.. though extras will be be at your discretion.

Legally yes you are liable for the mortgage if it is in your name, or joint names.. but if she is on benefits (JSA or IS) it will be partially covered by housing benefit.. I think they pay about 3% at the moment. She 'should' pay this if she is living ther but if she can't cover it I would suggest at your mediation session she rents somewhere, you could possibly offer to pay a bond or deposit on a new home for her, and you live in the house so it is not repossessed... which would impact both of your credit ratings for a long long time!

he other bills.. get meter readings and ring them saying you are no longer there and give them the readings, they will then send a final bill for you to pay and she will have to take them over from that date.

BitterAndTwisted

Sign nothing until you have come to a formal agreement on financial issues! You do not want to continue to be liable for the whole of the mortgage and pay child-support just to have the property whisked away from you once the children have flown the nest.

Have you sought separate legal advice? if not, do this right away before you agree to or sign anything.

daska

AT very minimum, for your own sake, make sure the mortgage gets paid and that you put aside any money for the CSA (20% for 2 kids, 25% for 3 or more) so that you don't get a nasty bill later on.

booma_mitch

Hi
The notice of severance is effective even if you do not sign it, it does not have to be an agreement to sever the joint tenancy. There is usually a space for signature, I have never really be sure why! Probably to prove that you have received it? The effect of severing the joint tenancy is mainly related to what will happen if either of you dies. Before the severing of the tenancy if either of you died then their share in the property would pass to the other. However, now the tenancy has been severed if either of you die it will pass to the other's estate. It is a standard procedure that is one of the first things that is generally done when sorting out finances when there is a jointly owned property.

In relation to the mortgage, this is a tricky one. I don't know either of your financial positions so can't advise, but what I can say is that you are both jointly and severally liable for the mortgage debt. You can try and reach an agreement as to who will be responsible for the mortgage payments now that the CSA are taking over maintenance but if agreement cannot be reached the mortgage lender can come after you for the whole amount. I would write to the solicitors to ask what they propose will happen to the mortgage payments and if you get no joy, ring the lender and inform them of the situation and see if they have any advice, each lender works differently. Like the previous poster said, you really don't want to be in a position of having the property repossessed if it can be avoided on the basis you may have to shortly apply for a new mortgage for yourself once matters are sorted out and either arrears or a repossesion wouldn't help!

Hope that helps