seperation advice

BigAunty

The Shelter website has a relationship breakdown section that will indicate his rights, obligations and options depending on whether he is a joint or sole owner of the property and other factors.

If he is a joint owner, and she resists selling, then he has to get a court order to force the sale. In all my time as a member of this forum, people have repeatedly indicated that this is a costly and expensive option but I've never once seen any actual legal fees or timescales from someone undertaking this quoted.

You haven't provided enough details about his business tie to the property or ownership status for posters to give you accurate advice.

StuC75

Pointless advice - CSA wouldn't count since *if* mortgage just in his name then its his responsibility, and likewise *if* joint names then they are joint and severally liable anyway (and tied to his business apparently?) with the ex as a SAHM - its clear how that will pan out...

possession really is 9/10ths of the law here - in the absence of more info in terms of childs age and any background that would make cohabiting 'difficult'..

Its the step brother that has the better financial standing were he to look to stay in the house, look to make some financial settlement regarding mortgage (if joint) and provide what he needs for the child.. not being married also alters the process too..

rather than any implied - abandon the house - transfer bills and take her through the courts to force sale..

that is just way too much work.. Move back in, be thick skinned and be the bigger person..

TBagpuss wrote: »

In the short term, he could write to her to say that as a short term measure he is willing to pay money to the mortgage rather than as child support, to reduce her share, but he does need to stop that striaght away if she contacts the CSA as they will not normally 'count' such payments as maintenance.

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Mimi_Arc_en_ciel

Sorry! Havent been online for a while. Will try and reply to everything:


As it stands - He's gone a bit AWOl, only replying to texts at the moment but hes safe and is just taking some time out.

Gigglepig wrote: »

- transfer all bills Told him to do this
- book appointment for legal advice. Does he have a home insurance etc that might offer a free legal helpline he can call right away? Told him to do this too (Wasnt sure about home insurance)
- write ex to arrange a formal mediation appointment She wont agree to it. She's been harassing him for money

What does the ex want? If her half of the proceeds would be insufficient for a new place to live, Would it be possible that she stays in the house until child turns 18? I think she wants him to give her the house from the sounds of it - Wont happen

If not, perhaps moving back in can be an incentive for encouraging ex and new partner to move out.

TBagpuss wrote: »

In relation to the mortgage, if the house is in joint names, they will have joint and several liability, so while he could stop paying, this will have an impact on hos creidt record as well as on hers.

House is in joint names (silly boy) but only he pays the mortgage. Can he have his name removed without her permission from the bills? I thought the other person had to agree if they were joint?

NYM wrote: »

Has your step-brother got any business loan secured on the property ?

I have no idea,. he wont tell me but I'm assuming so

Mimi_Arc_en_ciel

He wont move back in (New boyfriends not a very nice bloke from the sounds of it!) - Their daughter is nearly 9, not that it makes any odds surely?

Pollycat

Mimi_Arc_en_ciel wrote: »

House is in joint names (silly boy) but only he pays the mortgage. Can he have his name removed without her permission from the bills? I thought the other person had to agree if they were joint?

Based on what a friend was told, it's not as simple as having his name removed from the mortgage.


His wife would have to take a new mortgage out in her sole name - and if she isn't working, it's highly unlikely that any mortgage company would give her a mortgage.

Mojisola

The mortgage and the household bills are different things.

Why on earth is he paying for the electricity, etc, that his ex and her new man are using?

He should keep up the building insurance but he doesn't need to pay for contents.

BigAunty

Mimi_Arc_en_ciel wrote: »

Can he have his name removed without her permission from the bills? I thought the other person had to agree if they were joint?

Yes, for all the usual household bills (energy, telecoms, tv, insurance, council tax, broadband, water), he should ring the supplier and tell them he no longer occupies the property. He should be able to take himself off those bills no problem. Then he can check that they've cancelled the direct debits with his bank or simply end them at his end, to be sure.

I don't know how it works in the case of gas/electricity if he's not in the position to give readings. However, some people have meter readings that can be read directly by the supplier as they have modern meters and I imagine they could estimate a reading if the ex doesn't comply.

It's only the mortgage that he can't take his name off - it's a loan, after all, unlike the other household bills which are services.

Is he planning to continue to pay just half the mortgage plus child support, as per CSA guidelines or whatever he has negotiated with his ex?

StuC75

Taking his name off the mortgage would need a transfer of equity, for that to happen the lender would need to assess her income to see if she could afford it on her own - which sounds a non starter..

Asking the childs age is relevant in terms of were it to go to court and they decide that 'should' provide a home until the childs old enough to leave home. Despite there being other housing options for the Brothers ex...

So unless your SB acts in his best interest he will be financially crippled by this as he continues to pay full mortgage and maintanence and provide for himself..

The SB could move back in - and the slightest trouble from the ex's new partner - call the police - press charges and seek some form on exclusion or injunction against him being near a house for which he has no right to be in..

But if he's happy to stay as is...

Mimi_Arc_en_ciel wrote: »

He wont move back in (New boyfriends not a very nice bloke from the sounds of it!) - Their daughter is nearly 9, not that it makes any odds surely?

BigAunty

Mimi_Arc_en_ciel wrote: »

He wont move back in (New boyfriends not a very nice bloke from the sounds of it!) - Their daughter is nearly 9, not that it makes any odds surely?

If you look at Occupation orders (see Shelter relationship breakdown section), then its possible his ex will ask the court for an order that permits her to stay there until the youngest turns 18.

Mimi_Arc_en_ciel

Just to clarify:

They ARENT married.

He DOESNT want his name off the mortgage, he wants to sell the house and give the ex her "share" - or even buy her out (Which shes refusing)

I cant see the courts letting her stay there? She cant afford the mortgage or even half of it. Surely the sensible option would be forced sale?