Advice needed...

Seanymph

unfair or not that's the situation we were in.

The OP may find she is in the same situation.

pixie76

Seanymph wrote: »

You may well find you are wrong.

I did exactly this - as it was my tenancy the council would only sell to me - so although my husband ended up on the mortgage, he was never on the deeds because the council wouldn't sell it to him.

He was on the mortgage, but when we got divorced he had no take on the house because he had never been on the deeds - the mortgage company demanded he be on with me because I didn't earn.......... but the council insisted it was only me in the sale details and as the owner.

It's worth checking.

If they haven't the discount was all you - your tenancy, your discount. So he doesn't get that benefit........ a decent solicitor and you will be clear on the house.

I have dug the deeds out & he is named on them. The only thing I have noticed that the deeds & all letters from the building society appear with my name first rather than his, but I don't think that is relevant in any way.

pixie76

LittleMrsThrifty wrote: »

Out of interest, and because it may be relevant - why did you persuade him to go on the mortgage with you and why hadn't he paid any of it?

He was in two minds, he wanted to get a mortgage in some respects but did not want to present his own financial details (he is self employed) I gave all my income details & got his name put on which I regret now but we are married so he is entitled to his share whether his name is on or not.

Uniscots97

pixie76 wrote: »

He was in two minds, he wanted to get a mortgage in some respects but did not want to present his own financial details (he is self employed) I gave all my income details & got his name put on which I regret now but we are married so he is entitled to his share whether his name is on or not.

I dont think that automatic anymore that he gets a share. If he's paid nothing and its you caring for the children then I don't think he does get anything (in SIL's case and this was down south from where I am now her OH got nothing).

M00se_2

Your solicitor will be able to advise you properly but from my experience of going thru the same, you were married & his name is on the mortgage that makes both of you responsible & liable for the mortgage regardless of who actually paid, the house will be classed as part of the joint financial assests of you both and so he is entitled to a share of it.
It is highley unlikely however that he can force sale of the house until your youngest turns 18 / leaves full time education.

Seanymph

You will also be 'credited' in the financial arrangements for the discount that was given because of your tenancy.

I'm surprised though that the deeds are in joint names - although I do remember the building society being twiddly in our case because he was on the mortgage and not deeds the council wouldn't sell to him in any shape or form.

Anyway, once you get credited for the discount I'm sure you'll end up with the house free and clear.

Your divorce is one set of paperwork and is completely seperate to the children's arrangements which is another ratified set of paperwork and the bit this comes under is the financial arrangement - the solicitors will sort out an agreement for you, but I'm sure you'll get your house as long as your solicitor is decent at their job.