Husband wants to end it 30 wks pregnant and 2 kids

Any

He will convert mortgage into the children's names????
OMG!! Is this guy for real??

OP, go and see a solicitor. He is talking out of his a***. Either he is having you on and hopes you are stupid, or he is stupid in how it works.

liammc2606

RAS wrote: »

Have you taken into account:

Mortgage Interest Allowance?
that you will be entitled to 25% of his income via the CSA? They will take it from his salary if he does not pay.

No I didn't know this, and I thought I wouldn't be able to get housing benefit either for his mortgage...I have free legal advice on my barclays premier account I will give them a call.

Errata

RAS wrote: »

Have you taken into account:

Mortgage Interest Allowance?
that you will be entitled to 25% of his income via the CSA? They will take it from his salary if he does not pay.

The OP hasn't got a mortgage.

RAS

liammc2606 wrote: »

The mortgage is in his name.

The debt is joint, some of my credit cards and some of his.

The fact that the mortgage and deeds are in his name is irrelevant; the house is an asset of the marriage.

The debt may or may not be joint.

Credit cards in your name are yours, credit cards in his name are his, credit in both names (Mr and Mrs not Mrs as second card holder) would be joint debts.

Unless either of you can prove that the expenditure was for family benefit. So repairs to the car in his name that he is keeping are not family but paying off the Council tax is.

liammc2606

RAS wrote: »

The fact that the mortgage and deeds are in his name is irrelevant; the house is an asset of the marriage.

The debt may or may not be joint.

Credit cards in your name are yours, credit cards in his name are his, credit in both names (Mr and Mrs not Mrs as second card holder) would be joint debts.

Unless either of you can prove that the expenditure was for family benefit. So repairs to the car in his name that he is keeping are not family but paying off the Council tax is.

funny you should say that, he has just paid 5350 to be precise on fixing his landrover discovery, he was all happy and chuffed to have it back whilst I was so upset and empty...I take it then, that's his debt, thank god I transferred it from his card without telling him cos he wanted me to pay for it from one of my cards.
Thanks for all your help xx

Mojisola

Time for a solicitor and a few hours reading https://www.wikivorce.com/divorce/

rpc

liammc2606 wrote: »

He said he wants to finish house and then he will put mortgage in 3 kids names and then I can rent it off him.

LOL. Twerp. A minor cannot directly own a house in this country.

It is your house as much as it is his (thanks to your marriage). You need to get this formally noted - I would get a restriction placed on the title at the land registry.

liammc2606

thanks, I phoned Barclays premier life legal advice and spoke to some young kid, he was awful and didn't know anything I have found you all more helpful and useful than them..so much for so called benefits. I best get reading and making an appointment. Just checked mortage outstanding is 117000 and next door can't even sell theres for 140000 and ours needs more work. 23k left, is it worth fighting for? Our debt is more than 23k between more like (embarassed to admit) 40k?

LannieDuck

liammc2606 wrote: »

The mortgage is in his name.

The debt is joint, some of my credit cards and some of his.

Whilst I agree with RAS that the property (with or without equity) is a product of the marriage, and any benefit from equity will therefore be joint, I had a different reason for asking about the mortgage.

If it had both your names on, there would be a chance that your credit rating would be screwed if he stopped paying. As it is, I don't think you need to worry about paying the mortgage in the short-term (whether you should morally pay some of it is another matter of course...). He'll have to pay it or his credit will be screwed.

In the long-term of course, the bank will object if he stops paying. However by then you should hopefully have the divorce agreed properly.

As for the debts - it depends who's name the credit cards are in. If the cards are in your name, they're your debt (unless you or he want to go to the small claims court to argue about specific charges). Similarly if the cards are in his name. If they're from joint accounts, you'll have to discuss it with him.

tinkerbell28

liammc2606 wrote: »

thanks, I phoned Barclays premier life legal advice and spoke to some young kid, he was awful and didn't know anything I have found you all more helpful and useful than them..so much for so called benefits. I best get reading and making an appointment. Just checked mortage outstanding is 117000 and next door can't even sell theres for 140000 and ours needs more work. 23k left, is it worth fighting for? Our debt is more than 23k between more like (embarassed to admit) 40k?

It's not so much the equity, it's the future for you and your children. It's a stable home until they turn 18, then you'll also be in line for a large share too.

Don't let him lie to you about that.

If he has a salary large enough to service the debt and mortgage, I'm presuming he does, if he can spend 5k on his landrover.

Then he would be told to contribute by court order. Then your debts as you have been told aren't necessarily all his responsibility and visa versa.

Out of that 23k, you'll be lucky to see any of it if the house is sold.