Divorced

helen_f_3

Hi I need some help here from you folks

My marriage ended 2 years ago, my ex husband had an affair. He left the matrimonial home. I am now divorced, the divorce went through in March this year. There was no financial settlement completed as he was being unrealistic with his requests and £5k later in solicitors fees me and my ex husband agreed to get divorced and sort out the matrimonial home at a later date mutually.
I have 2 children with my ex husband a 10 year old and a 8 year old. I live in the matrimonial home (joint mortgage) with the children and my ex has not contributed to the mortgage in the 2 years since he left. The house is in negative equity and the bank will not release my ex husbands name while it is in negative equity and when it does it is highly unlikely that the bank will give me a mortgage to the value of the property on my income.
I have recently moved my new partner into the home and my ex husband is not happy and stating that my new partner can not legally live in the property and his name must be moved off the mortgage immediately or the property sold (at a loss due to negative equity). What is the truth in this?
My new partner can not get a mortgage with me as he is on a mortgage with his ex wife to keep a roof over his children's
head

Can someone please advise

sukysue

I don't think he has a leg to stand on to be honest but I am no expert here. You would have to go to court and get a mesher order and I don't think a judge will make your children homeless the judge will say the house can be sold when your youngest child has finished full time education. Have a friend going through this and the son is nearly 19 . The father has to pay csa till he is 20 and in full time education by f/t I mean in college not uni.Hope that helps I am sure someone more up to the job will soon help you I just wanted to stop you worrying too much good luck op.

Kayalana99

sukysue wrote: »

I don't think he has a leg to stand on to be honest but I am no expert here. You would have to go to court and get a mesher order and I don't think a judge will make your children homeless the judge will say the house can be sold when your youngest child has finished full time education. Have a friend going through this and the son is nearly 19 . The father has to pay csa till he is 20 and in full time education by f/t I mean in college not uni.Hope that helps I am sure someone more up to the job will soon help you I just wanted to stop you worrying too much good luck op.

I probally would of agreed to this but I am sure eariler today I read something similar to what you have said in which would make your husband right in what he is saying...I'd wait for a second opinion anyway.

helen_f_3

I hope he isn't right I have got an appointment with a mortgage advisor tomorrow to see if I can take over the mortgage on my own. I don't really think that is going to be an option though

K1203

You should not have to take the mortgage on your own. Whether you have a partner living with you or not, is not your ex husbands business, however, his responsibilities are and he is responsible to maintain you and your children until they have completed their full time education. You are liberty to have whoever you like in your home.

Treevo

K1203 wrote: »

You should not have to take the mortgage on your own. Whether you have a partner living with you or not, is not your ex husbands business, however, his responsibilities are and he is responsible to maintain you and your children until they have completed their full time education. You are liberty to have whoever you like in your home.

On what planet? He doesn't have any responsibility to 'maintain' the OP.

There is nothing stopping the OP's ex from moving back into the property that he owns, which might make the situation very awkward indeed.

marisco_2

So your ex has not contributed toward the mortgage of a property you own together for over 2 years. Yet wants to force a sale despite it being in negative equity, because you have moved in a new partner. Talk about cut off his nose to spite his face. It is very unlikely that the mortgage provider will remove his name at this time. So if the house is sold he is jointly liable with you for any shortfall from the sale, something I don't think he has considered fully yet.

I suggest you contact a solicitor and take legal advice on this. The sooner you sort out a financial settlement between you both the better.

helen_f_3

No he has never contributed to the mortgage since he left and just pays me £250 maintenance for the kids every month, so there is no way we can say he is supporting my partner. I think it is going to have to be legal advice looking at this

Shovel_Lad

Please don't spam the spam!

Treevo

Shovel_Lad wrote: »

Please don't spam the spam!

Are you insinuating that Glinda (Goldberg, should you need her services - she's in the book) is not real? You sir are a nave!

FBaby

however, his responsibilities are and he is responsible to maintain you and your children until they have completed their full time education

Of course he doesn't have to maintain anyone, just provide for his children up to the level of csa he has to pay, nothing else.

The reality is that most ex-wives get to stay in the home because if taken to court, the judge would most likely support stability for the children. If it means that the main carer can't do so without much disturbing the children, then most judge would usually allow them to stay in the marital home until the children are grown up OR until they move with someone else. That's the key thing. What it means is that your ex COULD take you to court and request the sale of the house and a judge could very much decide that now you are with someone else, they should be supporting you and your kids. There is no guarantee one way or the other, very much depend on the judge and whatever else is brought up. If it comes up that he is requesting the sale of the house purely on the basis of revenge, then a judge would see behind it, however, he might have good reasons for the house to be sold for his own protection.

Of course, taking the case to court would cost and all this to then have to pay the bank if the house is in negative equity, he might think twice going ahead with it...