Best and cheapest way to divorce and split flat

ajs88

I am married and jointly own a flat with my husband. I work full time and currently cover the mortgage and bills, and he works eight hours a week.

I need to leave the relationship, he's not mentally well and after almost nine years of trying I've had to accept that I can't make him better, I don't think he can get better with me, I can't consider having a family with him, I can't accept not having a family for him and its gotton to the point where I no longer wish to be romantic with him.

What I'm hoping to find out is how to break up before doing so, so I know what I'm doing and can do it in the least destructive way.

The mortgage is joint, as I now earn 26k and the mortgage is 90k, would I be able to switch the mortgage to just me if he agreed. Would I inccure any charges for this, I'm currently in a fixed mortgage deal that ends next March.

If he agreed to switch the mortgage over to me could I pay him his half, or however much he feels right with and agrees too, without expensive solictors etc. but so it is legally binding and he couldn't ask for more at a later date. Also is itpossible to do this in installments as he may need rent money so might be a good soultion for both of us.

He's not very good with money and I understand I would need a divorce asap to avoid incurring any debt he might get into and to protect my credit rating etc. What is the quickest and cheapest was to do this if he doesn't oppose it

As I've been currently supporting him would I be liable for any mainternce etc. if he went down the solicitor get everything I can route. Are there any pitfuls to this route, things I should prepare myself for.

Our accounts are seperate and we have no savings, just an empty joint account that can be closed, is this that simple.

There are 'things' but apart from a couple of things I was given before we wed I really don't care that much about he might want to take with him.

I'm assuming that this will be amicable and its possible to do it this way but if he doesn't leave or lawyers up what do I need to be prepared for.

Also one last thing, what will be the best thing for him to after seperating, will there be an amount of time before he can claim benifits etc.

Thank you so much for the wonderful advise and time everyone on here gives to other people's problems and I am very grateful for any that may be given to me

ajs88

Sorry one last thing I should have added. Some of the bills are in his name as he paid them when he was studying, and I transfer the money to cover them. How simple will it be to switch these over to me so I don't have to pay through him and he's not liable for non-payment.

RAS

Is Oh over 35? As otherwise he only be eligible for the fixed room rate (shared house) although he could afford more if he is on DLA. Would he even be prepared to move out; you cannot force him to do so.

How much equity is there in the flat. He would get half, possible more. The fact that he owns half a property would affect his ability to claim benefits unless the property is for sale (maybe as Housing Benefit Officer on the benefits board for advice on the detail). So unless you can afford to buy him out in that sort of time frame there will be problems.

Once he has the equity that will affect his benefits if it is over £6K

Although there is a discrepancy in your earning and earning potential, you earning are not high so you might not have to pay spousal maintenance. You would probably be advised to speak to a solicitor to get their advice first.

From both your points of view it is probably going to be easier if you sell the flat, split the equity and start anew.

Just to add that you cannot take his name off the mortgage or deeds unless you can remortgage for the whole amount in you own name.

newcook

When I split up with my ex (similar situation to yourself except we weren’t married) I found that switching utilities etc from his name to mine was easily done over the phone.

How long have you lived in the house? Is there any equity? Is there any reason why he cant work more than 8 hours a week?

ajs88

Thanks RAS thats some really good advise, particulary about needings to completely remortage. I've presumed staying is the best option as I just need to get myself back togther but maybe selling would be best, I would certainly be better off as I could stay at my Mums before I'm ready to get my own place.

RAS

You could also avoid the early re-payment penalty if you made the sale at the right time.

However, you cannot sell without your Oh's consent. Do not move out and leave him in the flat as it could be very difficult to sell if you do that.

ajs88

It will be four years in March. Only a very small amount of the mortgage has been paid off as its a 35 year mortgage but the vaule has probebly gone up a lot as we underpaid for it, work has been done to the block and the flat itself, between 10-25k.

ajs88

Yeah I'm not moving out, I've considered it, but I know he wouldn't go if I did that. He might go if I stay and he knows he's living with someone who wants him to go.

RAS

With respect to the divorce, you can download the paperwork for free and then pay the court fees.

But I would recomend spending a little money on making sure you get a clean break financial settlement in place. That defines who gets what and protects you if you inherit a fortune or win the lottery.

Bear in mind that any pension you have may also be part of the assets of the marriage.