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Divorce and negative equity

My ex and I separated 3 years ago. I stayed in the house with the children and switched all outgoings into my name. I also switched to an interest only mortgage. I've paid eveything for three years now.
I'm now starting divorce proceedings. I'm worried sick about the house. It's in both of our names and he is refusing to let me have it. I'm not sure the mortgage company would either on just my earnings. Our mortgage is £127,000 and house is worth about £115-120,00.
So what happens next?
I wasnt planning on hiring a hotshot lawyer, just doing the divorce online through our local court. Will they decide what happens?
I feel very trapped. I have a new partner and my ex refuses to let me have him stay over. I just need all ties cut from ex and some freedom. All help gladly appreciated.
And yes, I'm clueless!

Comments

  • dimbo61
    dimbo61 Posts: 13,727 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    If you are paying the mortgage even Interest only go tell you EX to go take a big jump as far as having who ever you want staying over !!!
    What can he do ? The courts wont allow him to kick you and his kids out of the home they have
    The house is in Negative equity so he would have to pay Half the Negative equity back in the from of a loan ( not going to happen )
    Stay on the IO mortgage and put savings into a savings account ( cash ISA) in your name.
    Do not overpay the mortgage and get divorced from this bully
    He gets nothing and should pay 25% of his income for his kids
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    IN effect you are renting for the mortgage interest he is the one that will come unstuck while onthe mortgage.

    How is he stopping you having people round?
  • Dolly-Rocket
    Dolly-Rocket Posts: 361 Forumite
    He has told me that my partner is not allowed to stay over in HIS house. I've dared not invite my partner in case he found out and caused a scene.
    I'm hoping the courts will tell him he has to come off mortgage and that the mortgage company will allow me to carry on on my own. Is this wishful thinking?
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    I know you said you don't want to see a lawyer... but you really do need to see one, as they will deal with the financial issues on your behalf.

    The first thing to do, though, is to speak to your lender and see if you would be allowed to take over the mortgage in your own name. That will give you a starting point. Does your ex pay maintenance through CSA? Some lenders will take this, and also tax credits and child benefit into account. Make this your first port of call.
    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.
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