Daughter's dilema

ginpin

lender's, using their affordability calculator

densol_2

Go see a broker to apply somewhere new that takes on someone older.
Work out how much you have to inject into the property to bring the mortgage into affordability
Work out with ex how much it will cost to " buy him out " of the house ( based on contributions / increase in price )
Get clean break consent order after the divorce that confirms the split and daughter can walk away hopefully and remain in house

poppy1010

I assume they are both currently 50/50 on the mortgage? (joint tenants). If so, my advice would be do NOT pay anything more off the mortgage other than the monthly payments until the divorce is finalised and a Consent Order is approved.

I have been through this already. Both parties are entitled to a 50/50 split of the equity (if no children are involved). So if you pay lump sums off the mortgage before the divorce is finalised you will loose out and he will gain! she is better off keeping the money until the house is then solely in her name and the additional lump sum is paid against it when divorce is finalised and NOT before that stage.

She does not need to wait 2 years before divorce proceedings. She can start it now. Majority of people will opt for 'unreasonable behavior' as the reason. You just list a few simple reasons, which can be anything and are never challenged. He just needs to agree to it as well. Then it can be done and dusted soon (as long as it goes smoothly! as you don't want Courts involved if you don't have to....we did and it takes much longer).

But the most important point that screams out to me from reading your post is that you should NOT pay off money against the house (whilst he is a joint owner!!). Otherwise he is gaining from that equity wise. Also please remember, as much as he may agree with a plan....money and input from others (legal or otherwise) changes people. So I would suggest you play safe.

In your shoes I would start divorce now, under UB (the reason is never know and is so irrelevant nowadays). Then once clean break is stamp and approved by the court then sort house (obviously house will be part of the Consent Order).

Another suggestion. Try not to pay for Solicitors! they cost a fortune (14k in our case and we dumped them later on as well), confuse things and increase tension between parties.

Look at the Wikivorce website. EXCELLENT website with a free phone number for advice. Better place than here for your query.

Hope that helps.

ginpin

Thank you everyone, very much. Have found a post about indemnity, this suggests she could keep his name on the mortgage at clean break order. He signs to say that he will make no future claim on house, she signs to say that she will never pursue him for mortgage payments. She definitely never would, she has us, but it would not come to that. However, one quick question please. For whatever reason, probably guilt, he continued to put just enough of his salary into their joint account to cover the mortgage and has done so for the past year. She has paid the council tax, water, utilities and other household bills from her own account amounting to about half of the mortgage. He earns 3 times as much as her. Is he at an advantage, in anyway at all, having paid the mortgage so far,or does the fact that it is seen to be coming from their joint account mean it is both of them paying it? Thank you.