I dont want to sell our house

fannyanna

grazerbynature wrote: »

I have had to find full time work since we split up as I did not want to survive only on benefits. It's been really tough but I think I can just manage home payments monthly but it would leave no money for holidays etc unless he paid child maintenance for the children?

From what I understand you can not be forced to sell the family home whilst you have children. So you can say no. He might decide to stop contributing towards the mortgage though and there is nothing that you can do about it.

The alternative would be to re-mortgage in just your name or sell the property. I'm guessing you don't want to go down either of these routes.

I think you need to seek legal advice so you know what your options are and understnad the pro's and con's for each.

I'd also think about trying to set up a formal child maintenance arrangement. If he wont agree to a private arrangement you can go via the Child Support Agency. I don't think you'll be able to claim for your eldest when they go to university but you will be able to claim for your younger child (he'd be liable for 15% of his net income). This will more than likely result in him stopping mortgage payments - but I think that will stop anyway by the sound of things.

BitterAndTwisted

Is it fair to expect him to pay half of the mortgage for a property he isn't able to live in and pay you child-support at the same time?

Which idiot advised to you to go thought the divorce process without dealing with the issues of the ownership of the property and the equity in it?

If you choose to remortgage and split the equity equally you know that you'll never see a penny from him in support of his child. He's probably gambled away every penny already. And as he's self-employed it wouldn't be hard for him to hide or manipulate his income either.

Get legal advice

fannyanna

BitterAndTwisted wrote: »

And as he's self-employed it wouldn't be hard for him to hide or manipulate his income either.

Missed the bit about him being self-employed. That will make it very difficult to get child maintenance out of him.

grazerbynature

I think based on everything everyone has said.....the soundest thing for me to do is seek legal advice. I didn't want to involve a solicitor yet with fees adding up.........or should I sit here and wait until he calls in a solicitor? That way he has to pay the bill? If he doesn't pay mortgage and I do cover his half when it gets to court would they look at that and deduct from his share, percentage wise?

fannyanna

Another thing to consider is that if he gets his finances into such a state that he can't afford alternative accomodation he can return to the house (as he also owns it).

GDB2222

Finances are often the most time-consuming part of any divorce. It sounds like you need to bite the bullet and get this sorted out, then get a decree absolute. There's probably no way that you can hang onto the house. Nevertheless, if you can get £300k of equity in your name to put towards a new home, you'll be better off than most.

RAS

Hi


You really need to get this sorted out urgently.

Assuming that you have a joint tenancy

1. He can move back in the house any time he likes
2. If you die, as sole survivor he gets the whole house.
3. His poor credit rating will be wrecking yours as well.
4. As you pay off more equity, it will cost you more and more to buy him out.
5. if his business fails and he goes bankrupt, the Official receiver wil demand the Beneficial Interest in the house.
6. If he just gets in a lesser mess, there is a real risk that creditors will put a charging order on the house.

You need to take on responsibility for the whole mortgage and claim the interest back through tax credits.

You may want to do a deal where he gives up some equity in exchange for not claiming CSA.

You may need a mesher order that pays him out the rest when the youngest reaches 18/leaves secondary education.

paddyrg

Don't rely on internet forums, you need to find your own solicitor specialising in family law and divorce straight away. This is too important to leave to armchair specialists, although it is fair to use points raised as a starting point to discuss with your own solicitor!

SkyeKnight

You can't get his name off the house deeds because I'm pretty sure you can't get his name off the mortgage. If you have two children and qualify for tax credits then I can't see how you are going to get a mortgage of £350k, never mind more!

Annisele

grazerbynature wrote: »

I didn't want to involve a solicitor yet with fees adding up.........or should I sit here and wait until he calls in a solicitor? That way he has to pay the bill?

Sorry, it doesn't work that way. Generally you would pay your solicitor's costs and he would pay for his solicitor. (Though if one of you decided drag things out for an unreasonable time, the court might order the dragging-out person to pay part of the non-dragging-out person's costs).

For the reasons others have given, I think you're better off seeking advice sooner rather than later.