Divorce and Property

Mandy278

Hi, I am hoping someone maybe able to assist me or maybe point me in the right direction please.

My husband left our house in February last year never to return! Although I did eventually find out where he was, he moved again and have been unable to locate him since. The women he moved in with denies he is living there still. I also believe he has changed his surname to hers. Whenever I have found him he states he will not sign anything and will not agree to a divorce, why I do not know?!

My problem is is that we own a property. I have been told that once I start divorce proceedings I can obtain an Order for Sale.

I have always paid the bills and mortgage on this property and ideally I would like to stay here with our son as the house is in negative equity and there would be no benefit to selling.

I am not getting any assistance and obviously no money from him and have been told this can be very costly.

therefore any advice would be greatly appreciated.

Thanks.
Mandy

TBagpuss

If you divorce him you can then apply for a financial order. An order for sale is one option, but it would also be possible to ask the court to make an order for a deferred sale (e.g. for the propety to be sold once your child leaves school) but to set out what % of the sale proceeds you and your husband would each be entitled to at that time.

It is very unlikely that your mortgage lender would agree to take his name off the mortgag eat present, while the house is in negative equity.

You can divorce him without his consent but if he choses not to cooperate it will make the process slower and more expensive.

You will ned to be able to serve him with the documetns in order to divorce him and in order to get financial order.


If you delay, there is no immediate disdvantage to you but if you continue to pay the mortgag eand get the hosue out of negative equity he could potentially make a claim agaisnt it in future.

Have you spoken to a solicitor? Many family solicitors offer a free initial consultation and might be able to offer you some specifc advice based on your personal position.

If you dom't do anything at presetn about a divcorce / finacial split i would suggest that you do get, and keep in a safe place, a couple of market appraisals for the hosue to shpow what it is curently worth, and a current mortgage redemption statement, so that if a time does come whene there is some equity and he seeks to claim it you have evidence as to the value of the proeprty and the available equity now. It won't stop him claiming a share of any increase in value due to rises in houe proces but may make it easier for you to claim the equity attributable to payments you make.