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legal advice maybe?

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lucy85
lucy85 Posts: 31 Forumite
edited 24 September 2015 at 10:12AM in Mortgages & endowments
Good Morning people

Can someone give me some piece of advice please? I bought a house with my husband last month and now out of the blue he changed his mind and he wants to move out. We agreed that we won’t be selling the house at least for the next 2 years (fixed rate mortgage) as I want to stay there. My husband told me that he would pay 50% of the mortgage, which is of course fine with me.I told him that I will move DD from his account to mine as it makes more sense in this situation and also I know that he might be back to his origin country and I am not quite sure about the his work (he mentioned that he might befired). Just to be on safe side that payments will be made on mortgage. I said I was happy to send him screen prints of my account as proof it was paid etc.However, he said he contacted solicitors (which is very unlikely as a day before he said he ddidn't want ones) and he wants to me sign document that will state thefollowing:

- Tha tall his payments will go towards the mortgage (well 50% of it)

- That he won’t move in the next two years

- That I cannot live with anyone in this house for two years or he will stop paying.

Well I told him that as soon as he got a proof that he sent the money to me, it will be acceptable if the divorce takes place and there is no need for demands like who I can live with or not. This all sounds weird to me and I just want to feel secure in relation to the mortgage etc. I am just scared that if he would go to another country, he would stop paying and I would be in mess for it. I have already changed DD to go from my account from the next month as this was our initial agreement but suddenly he went mental!

Can you help please?

Comments

  • libf
    libf Posts: 1,008 Forumite
    If you're getting divorced then let the divorce lawyers deals with it.
  • marksoton
    marksoton Posts: 17,516 Forumite
    I suggest you get a solicitor as a matter of urgency.

    The document he's asking you to sign is a fantasy.
  • pogofish
    pogofish Posts: 10,853 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Yes, you need to get proper legal advice before you do anything - posting here is not the way to go about it though.
  • Get a solicitor and quick! I suspect that he deliberately waited until you got the house to tell you he wants out (I don't know why he would do that but seems very suspicious to me)

    Make sure any agreements you have are legally enforcible! Protect yourself!
  • lucy85 wrote: »
    However, he said he contacted solicitors (which is very unlikely as a day before he said he ddidn't want ones) and he wants to me sign document that will state thefollowing:

    - Tha tall his payments will go towards the mortgage (well 50% of it)

    - That he won’t move in the next two years

    - That I cannot live with anyone in this house for two years or he will stop paying.

    Well I told him that as soon as he got a proof that he sent the money to me, it will be acceptable if the divorce takes place and there is no need for demands like who I can live with or not. This all sounds weird to me and I just want to feel secure in relation to the mortgage etc. I am just scared that if he would go to another country, he would stop paying and I would be in mess for it. I have already changed DD to go from my account from the next month as this was our initial agreement but suddenly he went mental!

    Can you help please?
    OK, the demand for no living with anyone may seem weird. But put yourself in his shoes. Would you want to be paying 50% mortgage on a house and pay to put a roof over the head of your ex's boyfriend?

    I think the sane thing to do here is to make an exit plan. The first question is can you afford to buy him out. If you can't can you afford the mortgage on your own. If you can't, then you will need to think about selling the place [there is an informal restriction that you will not be able to sell within 6 months of buying].
  • lucy85
    lucy85 Posts: 31 Forumite
    Thanks for the reply.

    Well I am trying to put myself in his shoes but no one normal buys a house and back out a month later! And I didn't buy a house to sell it. I have nowhere to go and this was my dream (and I thought my husband one as well). We agreed that we won't sell it for 2 years and then we will meet to discuss the options. I am really open and want to be honest with everything despite of my husband decision to leave me without a notice (he got me flowers for our wedding anniversary the week before the bomb was dropped).

    I just don't understand his demands and I am a bit scared of the situation...

    I called solicitors and I will have a free consultation over the telephone.

    Thank you for your replies anyway and hopefully it will be fine.
  • densol_2
    densol_2 Posts: 1,189 Forumite
    Are there any kids involved ?
    Stuck on the carousel in Disneyland's Fantasyland :D

    I live under a bridge in England
    Been a member for ten years.
    Retired in 2015 ( ill health ) Actuary for legal services.
  • lucy85
    lucy85 Posts: 31 Forumite
    We have no kids.
  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Any letter signed under duress without proper consultation would be difficult to enforce in a court of law. Simply be argued that one party had no other option.
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