Advice needed regarding selling house after divorce

steph2901

Hi,

I just wanted some advise really.

I split with my ex-husband nearly five years ago, we grew apart and he wanted to be young, free and single again. I continued to live in the house and pay all the mortgage and bills (we'd changed to interest only the previous year). We said we'd sell when the youngest child turned 18 (she's now 15).

I divorced him the easy way, doing it myself. But we never sorted the house out.

I've re-married and now and he is demanding that I sell the house and he wants half the proceeds. Is this correct? Should he get half? I understand that I have to sell the house as I'm unable to buy him out. But not sure whether he is entitled to half.

Any advice would be appreciated.

Grenage

I don't see why; the house value now will be much more than five years ago; get a solicitor involved.

gonzo127

you will have to contact a solicitor to get proper advice, as there are so many possible complications to your situation, and so many things that can change things and need to be taken into account, such as who is on the deeds' if a consent order was signed,

if no consent order was signed, and he is on the deeds, then the starting point, would probably be a 50:50 split of the equity, however there are lots of things which can change this, for example pensions, as you potentially still have a claim on his pension (and him on yours), you being the primary carer of the child, would usually mean you would be entitled to more than half the 'marital' assets.

however with the fact you are now remarried, i would imagine that will complicate things further. so you really need to get some proper legal advice

steph2901

I don't think there is any consent order (sorry, not sure what one is), but he is on the deeds as we bought the house together and the mortgage is in joint names.

I really wish I'd sorted this out when we split, but couldn't afford (and still can't) to pay for a solicitor as I know it can get very expensive.

Thanks for your advice. I think I ought to see if there are any solicitors offering a free half hour in my area.

He's been demanding that the house goes up for sale immediately, but I've told him not until after Christmas. He also seems to think he'll get half of what the house is worth, not what's left after the mortgage is paid off!

onomatopoeia99

steph2901 wrote: »

I've re-married and now and he is demanding that I sell the house and he wants half the proceeds. Is this correct? Should he get half? I understand that I have to sell the house as I'm unable to buy him out. But not sure whether he is entitled to half.

While you've paid the mortgage interest, you've also had the benefit of living there during this time, so haven't had to pay rent and bills somewhere else.

So, half of what's left once it's sold sounds reasonable if there are no other significant marital assets. You should, of course, get proper legal advice, as should your ex.

onomatopoeia99

steph2901 wrote: »

He also seems to think he'll get half of what the house is worth, not what's left after the mortgage is paid off!

Umm, no. In that he's completely mistaken.

steph2901

onomatopoeia99 wrote: »

Umm, no. In that he's completely mistaken.

Oh yes, I know that and so does everyone else..he'll be in for a shock if he thinks he's getting half the value of the house!

gonzo127

steph2901 wrote: »

Oh yes, I know that and so does everyone else..he'll be in for a shock if he thinks he's getting half the value of the house!

well why shouldn't he? as he can then take responsibility for his half the value of the mortgage as well........

Guest101

steph2901 wrote: »

Hi,

I just wanted some advise really.

I split with my ex-husband nearly five years ago, we grew apart and he wanted to be young, free and single again. I continued to live in the house and pay all the mortgage and bills (we'd changed to interest only the previous year). We said we'd sell when the youngest child turned 18 (she's now 15).

I divorced him the easy way, doing it myself. But we never sorted the house out.

I've re-married and now and he is demanding that I sell the house and he wants half the proceeds. Is this correct? Should he get half? I understand that I have to sell the house as I'm unable to buy him out. But not sure whether he is entitled to half.

Any advice would be appreciated.

This is the problem with doing it the 'easy' way.


In my opinion, yes he is entitled to half. You have paid no additional equity to the property, just the interest. Presumebly he's paid rent during this time for him to live somewhere?


You would not have got a mortgage on your own, so you borrowed his 'credit' to ensure you kept the house. Preventing him from building up equity in a property himself.

steph2901

Guest101 wrote: »

This is the problem with doing it the 'easy' way.


In my opinion, yes he is entitled to half. You have paid no additional equity to the property, just the interest. Presumebly he's paid rent during this time for him to live somewhere?


You would not have got a mortgage on your own, so you borrowed his 'credit' to ensure you kept the house. Preventing him from building up equity in a property himself.

He's rented with his girlfriend for the past few years which suits them both.

I can get a mortgage of my own, just not enough to pay him off and carry on living where I am (due to new husband's heart condition)

Guest101

steph2901 wrote: »

He's rented with his girlfriend for the past few years which suits them both. - I'm sure they'd prefer to be earning money for nothing by owning the property. You used his credit to keep the house.

I can get a mortgage of my own, - So why didn't you when you divorced? just not enough to pay him off and carry on living where I am (due to new husband's heart condition)

So what I said was correct, your ex husband carries the risks associated with the house, cant get credit due to the house?
You've not paid any additional equity?


He's entitled to half.