Can my divorce wife take my house

RAS

The house is in negative equity; there is no x amount of money.

Indeed, the ex should be prepared to pay half the deficit on sale.

dazrs

Well I booked appointment to cab ask for advice I think it more a threat thing as she done it before, I had solicitors involved before so I could swap it in my name unfortunately mortgage company says I cant do it on my own. Frustrating as she never paid a penny, doesnt work and now has 3 kids, hasnt worked for 6 yrs so has no money to even pay the mortgage, she just lives off benefits and my child maintance, she in a 2 bedroom house, and mines 3 bedroom I think that only reason she want to move back and I would still have to pay mortgage it so frustrating.

Guest101

dazrs wrote: »

Well I booked appointment to cab ask for advice I think it more a threat thing as she done it before, I had solicitors involved before so I could swap it in my name unfortunately mortgage company says I cant do it on my own. Frustrating as she never paid a penny, doesnt work and now has 3 kids, hasnt worked for 6 yrs so has no money to even pay the mortgage, she just lives off benefits and my child maintance, she in a 2 bedroom house, and mines 3 bedroom I think that only reason she want to move back and I would still have to pay mortgage it so frustrating.

Bright side, you would no longer be paying child maintenance? and you'd see your kids?

gonzo127

Guest101 wrote: »

Bright side, you would no longer be paying child maintenance? and you'd see your kids?

this is a interesting point which might change her mind, as i cant imagaine you would have to pay maintenance to the mum if the children are in the same house as you, so you could let her know if she moves back in, all the money she gets for maintenance will stop

pearl123

dazrs wrote: »

she in a 2 bedroom house, and mines 3 bedroom I think that only reason she want to move back and I would still have to pay mortgage it so frustrating.

Could it just be because she is now a single woman and now has three children to look after.

TBagpuss

Furgitude wrote: »

She can kick you out until the child turns 16 if she is awarded sole custody then once the child is 16 she is entitled to half of the sale value of the house.

Ignore this, it is rubbish.


(1) The house belongs to you both, so you are both equally entitled to be there. She cannot kick you out or insist that you leave. She can only force you out if a court orders you to go, which they will only do in the short term if she gets an injunction (an order to protect her as she is at risk of harm if you are still in the property) or in the long term if there is a final settlement entitling her to the house.

(2) It is very unlikely that she would be able to get an injunction as there is clearly no question of her being at risk of harm from you - you've been separated a long time, and if she were to seek to move back into the house that would be fairly strong evidence that she was not in fear of you. A court should only grant an order where they are satisfied that the risk of harm to her (or the children) from you if no order is made is greater than the risk of harm to you if the order is made.

(3) in a final financial order, a court could order that she had the right to remain in the property until the youngest child leaves school BUT it would be very unlikely to make an order in those terms unless they were satisfied that she could afford to stay in the property (pay the mortgage etc) AND that it was fair over all.

(4) Although assets are valued at the time any order is made, a court has to provide for a fair settlement. That includes looking at all of the circumstances which in our case would include the fact that at the time the two of you separated, the house was in negative equity and there were additional debts, none of which she has helped to clear. If there is now equity attributable to passive growth (i.e. rises in house prices generally) she could claim against that.

(5) Injunctions and other forms of protection against harassment go both ways. If she is harassing or threatening you you are entitled to seek protection.

Do not move out or offer to do so.

I would suggest that you see a solicitor and ask for advice about getting a court order to deal with the house. The court could make an order which provided for the house to be transferred to you and for you to have exclusive rights to occupy it if the transfer cannot take place immediately due to the negative equity, if the Judge felt that was fair.

In the mean time, the solicitor can do a letter to her to make clear that you will see any further threats on her part, and any attempt to move back into the house as harassment.

If she really wants to move back in, then write to her stating that the tweo of you will need to have a formal, written agreement in relation to house rules (including arragements for visitors) and provisions for bills to be split (with at least half the bills being put into her sole name so that neither one of you gets stuck with all the arrears if bills are not paid) and on the basis that she will have to pay a fair share of the mortgage. Point out that if you are living in the same house hold child support will not be payable and if she is claiming benefits she will need to find out what help she will get - while it is possible to claim benefits as a single person if you are living in the same house as, but as a separate household to, an ex partner, I doubt in these circumstances that that would extend to her being able to claim anything towards her housing costs, so she would almost certainly be worse off than if she were to rent elsewhere.

dazrs

I think it a threat as havent heard any thing since but she done it before, and I have also posted in past about seeing my kids as she uses them against me. I dont think I could cope living with her when she told me I felt sick. I going to Cab and see if I can do something, as I really trying to get on with my life with out interfering, I even had gf split up with me as she decides she has to get involved. I tried to be amicable for the sake of my kids, but it hard work tbh.