Need advice on splitting up and the house

Gvperkins

It looks like I and my partner are going to split up and divorce some point down the line, we currently have a joint mortgage. However I pay for 100% off the bills and have since we got the house. As she stays home to look after the kids.

She thinks I should sign the house over to her for the sake of the kids and the fact that she won't be able to affords to get anywhere better, or will end up in a council house jn s rough area. which to a point I agree with. But i can't just walk away and give her everything.

Aside from that we only got the mortgage on the house because a relative of mine lent us the deposit to help us out. Not only that but my partner has no chance if affording the mortgage anyway.

I just don't know what to do, I don't want my kids to have to live in a crappy house in a rough area, but its not just my money in the house either.

paddedjohn

If she can afford the mortgage on her own then she would be allowed to stay there until the kids are older. You can continue to pay the mortgage for her so that the kids aren't uprooted but that depends on your income. Most likely option is the house is sold and the proceeds put into the marital pot and shared between the 2 of you with the larger share going to her due to the kids (presuming they stay with her)
Do you have a paper trail for the money owed to your relatives? does your wife agree that they should be paid back.

Guest101

Whom the kids stay with is irrelivant, the pot can be split, amicably between the two of you as you see fit, or starting at 50/50 for the court to adjust.

They may adjust in her favour, but there would need to be a good reason, IE, lack of child support.

Also you cannot sign the house over to her (even with the cheek of sking for that, sounds like someone needs a wake up call!), as you are jointly named on the mortgage. Its also not the point that you pay 100% of the bills, that s is what you have agreed to. Everything is split.

If she doesnt want a council house, she needs to go get a job.

Remember this divorce is in no way linked to access to your kids, and being nice now, will not assist you down the line. In fact she'll probably take the p**s even more.

Delree

Only fools rush in.
Is there no chance of staying together until the kids are older?
After all it's not just your twos happiness to consider anymore.

Gvperkins

Don't think there's much chance of us sorting it out, to much has gone on.

As far as she is concerned she's not going to repay the relatives, of which we don't have a paper trail, but there would records of the bank transfers etc...

I'm all for splitting things equally but she has other ideas. For example we have a sofa on 0% finance in my name, I said I would keep at as I still have to pay for it and I'm given a guilt trip about how the kids will have no where to sit!

I just want things sorted equally.

Kayalana99

She would be able to afford the mortage though with tax credits etc?

You'll have trouble if it went to court as shes entitled to stay their untill they are 18 as the main carer as long as she can afford the payments that is, and I *think* your part gets frozen (say 50% of the mortage is paid off youd each own 25% so your 25% would be frozen and anything she pays towards the house from then on would go off the last 50% and be hers but dont quote me on this bit)

Would you be happy with a 50/50 spilt ? Or are you hoping for more because you've paid all bills etc.

FBaby

How old are the kids? Does she work? Full-time or part-time?

princessdon

If you let me know your approx income, ages of children, approx area I will tell you how much money she will get. They also pay the interest on the mortgage (some restrictions).

Lone parents are very heavily supported by the state then with the maintenance you pay her will not leave your children destitute.

RAS

Gvperkins wrote: »

Don't think there's much chance of us sorting it out, to much has gone on.

As far as she is concerned she's not going to repay the relatives, of which we don't have a paper trail, but there would records of the bank transfers etc...

I'm all for splitting things equally but she has other ideas. For example we have a sofa on 0% finance in my name, I said I would keep at as I still have to pay for it and I'm given a guilt trip about how the kids will have no where to sit!

I just want things sorted equally.

You get to take the sofa (assuming you can house it and that it fits in the door). She gets to sign up for www.freegle.org.uk or freecycle.

Forget about re-paying the rellies as without a papertrial and evidence that it was a loan, that ain't going to happen.

If she can afford the mortgage (you have not indicated the age of the children) on benefits (check here www.turn2us.org.uk) then she will probably be allowed to stay in the house until the children are 18+ and then you get some equity.

If she is not working and cannot afford the mortgage, then you can try for 50:50 of the equity from the sale. It rather depends on whether she realises that having over £16K will prevent her claiming means-tested benefits.

Gvperkins

I would be happy with 50 / 50, she is in employed at the moment with tax credits she could afford the mortgage but not other bills, inc the mortgage out total bills are around 900 a month. The kids are 2.5 and 6 months.

Also we have only had the house and mortgage for a year.

RAS

Can she afford the house including mortgage all bills and family expenses on benefits, her income and the 20% of your salary she gets as CSA?