Advice needed regarding selling house after divorce

steph2901

Guest101 wrote: »

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.

No, he can't get credit due to not paying debts, nothing to do with the house or me. I'm not trying to rip him off as you seem to imply, just asking whether he is entitled to half! When we split, I wanted nothing from him and still don't want anything from him.

Pixie5740

He still has joint and several liability for the mortgage so yes 50/50 sounds about right especially as you've been paying an interest only mortgage.

Guest101

steph2901 wrote: »

No, he can't get credit due to not paying debts, nothing to do with the house or me. I'm not trying to rip him off as you seem to imply, just asking whether he is entitled to half! When we split, I wanted nothing from him and still don't want anything from him.

... Except his share of the house?


Right he cant get credit due to his debts & you cant due to your new husband. - it's irrelevant.


YOU HAVENT PAID ANYTHING TO THE HOUSE. You've paid interest, that's it.


He IS entitled to half. Either do it civilly, or do it via the court. the result I suspect will be the same.

steph2901

Guest101 wrote: »

... Except his share of the house?


Right he cant get credit due to his debts & you cant due to your new husband. - it's irrelevant.


YOU HAVENT PAID ANYTHING TO THE HOUSE. You've paid interest, that's it.


He IS entitled to half. Either do it civilly, or do it via the court. the result I suspect will be the same.

I've never said anything about wanting his share of the house!

Guest101

steph2901 wrote: »

I've never said anything about wanting his share of the house!

That's the basis for your question!

liveyoung

I didn't read the question like that at all! - OP is only asking if 50/50 is fair, not how much she should be trying to get.

I do agree with those who have said 50/50 sounds fair in this situation.

RAS

If there is a child in the house, the courts might look at delaying the sale until she is 18 years old or offer a bit more than 50% of the equity.

The cheapest option would have been to have paid for a solicitor to sort this out 5 years ago.

FBaby

Do you have any idea of how much the house value has increased since you separated?

The only equity you could potentially claim to be solely entitled to is what resulted from you paying off the capital, but you haven't paid that. The equity that comes from the house value going up is yours on the basis of you owning the property...but then so is your ex. That part is purely the result of the original investment.

Delree

50/50 is fair, that's 50% of what's left after the mortgage is settled, which probably won't be a lot if it's been interest only for the last few years.
OP sounds like she's trying wrestle another 10 or 20 per cent away from him but to be honest it probably will be so little it's not worth it.

steph2901

RAS wrote: »

If there is a child in the house, the courts might look at delaying the sale until she is 18 years old or offer a bit more than 50% of the equity.

The cheapest option would have been to have paid for a solicitor to sort this out 5 years ago.

Yes, I should've sorted it out 5 years ago, but he didn't want to sort it or get divorced, even though he was the one who left. So I just carried on as I always had done with looking after the kids and making sure the bills were paid etc.