Separating and housing concerns - help

xopalx

Hi,

I am married for 13 years and have 2 kids, but i can not live with my partner no more.

We are looking to divorce and i am not sure what i am entitled to.

My kids are 11 and 3.

We brought a house in 2002 and it is still mortgaged, (he was supposed to be clearing it of and he didn't)

He has said i can have the house, however i am not sure how this will work, as i do not earn enough to pay the mortgage, so am not sure if the bank will let me take over the deeds.
He has also taken a £40000 loan against the house. I was not aware of this and even though it is a joint mortgage i did not sign or authorises this to happen.

The bank say they do not need both parties to consent to the loan.

How do i find out how much of the loan is against the house, or if he has taken further loans. If he gives me the house will these people now come to me to pay off the loan and take my house away.

If i go through the courts it will cost me thousands after which i may not get anything as he has set up his business through a limited company and is only showing his earnings as £10000 a year so he will say he can not afford maintenance for the kids or any other repayments.

He has bankrupted his other business twice and i do not know where the money he has earned over the last 13 years has gone (my guess he has moved it to an account in india where he is originally from)


Will i be coming out of my marriage without anything to my name or money to look after my 2 children.

If someone can offer any advise i would greatly appreciate it

Thanks

thorsoak

1. See a solicitor asap. It sounds as if you really do need a rottweiller of a solicitor in this case.

2. Unless you can show the BS that you have sufficient income to repay the mortgage, they won't let you take it over yourself, and won't take him off it. To me, if I were in your shoes, I think I'd get him to sign it over to me, PDQ, whilst he is still on the mortgage, then when it is in your name, sell and buy something else for you and the children - but this is where you need the advice of a good solicitor.

3. Get together all the paperwork you possibly can, about his business/es. As his spouse, you probably know "where the bodies have been buried" - and it could give you bargaining power.

4. Set up a claim with CSA PDQ!

xopalx

What about custody of kids.
Will i be able to keep my kids or will he get them.
How do i ensure i have full rights of the kids and he can only see them when it suits me or the kids.
Also i do not trust him with them alone for long periods as one day i caught him with Class A drugs in his pocket. And now i realise that all the stupid behaviour he showed was because of these. He says he only did it once or twice but i know it must have been lots of times before that.

I don't have no photo evidence of him taking them, but i do have the drugs that he took and have hidden them.

How can i prove he is an addict and a danger to my kids.

Mojisola

xopalx wrote: »

I am married for 13 years and have 2 kids, but i can not live with my partner no more.

We are looking to divorce and i am not sure what i am entitled to.

My kids are 11 and 3.

We brought a house in 2002 and it is still mortgaged, (he was supposed to be clearing it of and he didn't)

He has said i can have the house, however i am not sure how this will work, as i do not earn enough to pay the mortgage, so am not sure if the bank will let me take over the deeds.

Confusing!
https://forums.moneysavingexpert.com/discussion/comment/62727027#Comment_62727027
My parents and I (Wife and Kids as well) live in 1 house which is owned by my parents.
It has no mortgage to pay.
We are looking at buying a new bigger house and remortgage the current one with a buy to let to release some money.
The problem is that my parents are close to 70 and can not get a good mortgage.

thorsoak

xopalx wrote: »

What about custody of kids.
Will i be able to keep my kids or will he get them.
How do i ensure i have full rights of the kids and he can only see them when it suits me or the kids.
Also i do not trust him with them alone for long periods as one day i caught him with Class A drugs in his pocket. And now i realise that all the stupid behaviour he showed was because of these. He says he only did it once or twice but i know it must have been lots of times before that.

I don't have no photo evidence of him taking them, but i do have the drugs that he took and have hidden them.

How can i prove he is an addict and a danger to my kids.

Is this for real? You have the drugs that he took and have hidden them?

Why did you not (a) destroy them or (b) hand them into the police?

As it is, YOU could be charged with possession of Class A drugs.

I'm out of here!

xopalx

Mojisola wrote: »

Confusing!
https://forums.moneysavingexpert.com/discussion/comment/62727027#Comment_62727027
My parents and I (Wife and Kids as well) live in 1 house which is owned by my parents.
It has no mortgage to pay.
We are looking at buying a new bigger house and remortgage the current one with a buy to let to release some money.
The problem is that my parents are close to 70 and can not get a good mortgage.

Im writing on my brothers account as he said people on here would help.

I should get my own account, but this was a lot quicker.

xopalx

thorsoak wrote: »

Is this for real? You have the drugs that he took and have hidden them?

Why did you not (a) destroy them or (b) hand them into the police?

As it is, YOU could be charged with possession of Class A drugs.

I'm out of here!

If i hand them to the police how can i prove that they were my husbands?
Can they do some form of blood test on him.

I only hid them in the first place as i wanted them out of my house and to show to him that i know (have proof) i was planning to go to the police but was not sure how to handle the whole situation.

Janepig

thorsoak wrote: »

Is this for real? You have the drugs that he took and have hidden them?

Why did you not (a) destroy them or (b) hand them into the police?

As it is, YOU could be charged with possession of Class A drugs.

I'm out of here!

I was just going to say the same thing. The "I was just keeping them to use as evidence against my ex-husband" argument is most definitely going to wash!!

Saturday evening troll hour?

Jx

xopalx

Janepig wrote: »

!!

Saturday evening troll hour?

Jx

Saturday evening troll hour?
???? (confused)

I'll flush them down the toilet now.

BitterAndTwisted

If this is for real then you have far greater problems than being in possession of your husband's Class A drugs. Flush it down the lav and do it now.

Get onto the Land Registry website, pay your fiver and see what it says about a secured lender on there. It's possible that if your husband is willing to sign the house over to you that there is no equity in it. It would therefore make no sense for you to remortgage it in your sole name, most especially if you don't earn enough to raise a mortgage on it in the first place.

Quite honestly, if he's a much as a shifty customer as your post suggests, you'd be better off getting yourself and your kids out of the house and leaving him to it. The mortgage-lender would only come after you, if he defaults on the payments, if you actually have any money for them to take.

xopalx

drugs have been flushed.

I have a meeting with a solicitor on monday so hopefully can get divorce proceedings began.

I will look on land registry site shortly, Hopefully no loans secured against it and he is willing to sign over in my name.

Wish i could just move away with my kids, but some rule about not having right of residency until a judge issues it is stopping me.

Hopefully solicitor can help me on monday.
Only decent thing out the last 13 odd years has been my kids.

time to get my life in order and think of the kids futures.