how does this work?

dk5294

After a fair few months of being unsure of what to do and the stress of trying to buy a house bringing to light that we just shouldn't be togeher (and thinking a house would fix things, better than a baby, right?) , my husband and I are separating (in Scotland we must live apart for 1 year before divorce is even doable). My husband however wants to still try and get a mortgage on a property during this period. He has nowhere else to go, he doesn't qualify for social housing and I am not malice enough to put him out my house so he is going to reside here (in a separate room) until he can find something.

If he is applying for a mortgage though, he needs to say he is married, cause we are and I don't see the point in paying for a legal separation to then have to pay for a divorce, but does he state he is the only person going to be living in his home? I am the only tenant on my council house and I will obviously remain living here after he leaves. Just not sure what he will have to put on his application now, as surely they will wonder why someone who is married is going to live alone? Yet don't want to lie and say I am going to be there when I'm not.

AnotherJoe

dk5294 wrote: »

After a fair few months of being unsure of what to do and the stress of trying to buy a house bringing to light that we just shouldn't be togeher (and thinking a house would fix things, better than a baby, right?) , my husband and I are separating (in Scotland we must live apart for 1 year before divorce is even doable). My husband however wants to still try and get a mortgage on a property during this period. He has nowhere else to go, he doesn't qualify for social housing and I am not malice enough to put him out my house so he is going to reside here (in a separate room) until he can find something.

If he is applying for a mortgage though, he needs to say he is married, cause we are and I don't see the point in paying for a legal separation to then have to pay for a divorce, but does he state he is the only person going to be living in his home?

If he will be, and if he is asked (see below) yes of course.

I am the only tenant on my council house and I will obviously remain living here after he leaves. Just not sure what he will have to put on his application now, as surely they will wonder why someone who is married is going to live alone? Yet don't want to lie and say I am going to be there when I'm not.

You are overthinking this.

He'll be buying a house on his own to live by himself. That's it. Why do you think you'd have to lie and say you will be living there?????

Indeed it will be very much the opposite, you will almost certainly be asked to sign saying you will not be living in the house he buys.

Don't sign anything else, other than divorce papers.

I strongly suggest, if you haven't already done so, that you close down any joint bank accounts and each open your own. You really dont want your joint account associated with his mortgage.

dk5294

We just weren't sure if they would think we had answered incorrectly. Thank you for clarifying. I assumed I would have to sign/provide a statement stating that I would continue to reside in my own property and I would be seeking no financial support from him before or after.

We have no joint anything. The tenancy agreement for my property is solely in my name, rent payments etc come from my account. I pay everything that relates to the property (contents insurance, council tax etc) I can't take him off the council tax until he has officially out as I then get a single persons discount (every single person gets it if no other adults live at the address). Lastly, my daughter (not his) would still like to maintain contact,as would he. He may buy her gifts and she may stay over (he has practically raised her, but her father pays me maintenance) once a week, I'm not really sure how it will work, but does he have to state her as "under 17 and living there". I thought it would only be classed as a dependant if they resided at the address permanently.

It really isn't a bitter situation. He worked away when we met and got married. He decided he wanted to be at home more and got a job where he is at home every day instead of 14 days a month and it just doesn't work for us.

sultanabran

Scotland works on the principal of "fresh start". So your husband simply needs to state he is separated. Even though he's still living in your house, you can still be separated. You just need to live your lives as separate people (e.g. he does his own washing, etc)

Any assets he acquires after separation you won't have a claim on.

As AnotherJoe says, I think you are over thinking this and worrying about something that isn't all that unusual. Mortgage providers don't want to tell people how to live their lives. Provided you have no issue with it, I don't think anything official needs to happen to allow your daughter to stay over at his new house on occasion. I don't notify my lender if my kids friend has a sleepover.

Also, you can get divorced before a year, but only in limited circumstances such as adultery, abuse, etc. It's just simpler to do after being separated for a year.

The Citizens Advice website will give you further guidance on your rights etc

https://www.citizensadvice.org.uk/scotland/family/relationship-problems-s/ending-a-relationship-when-you-re-living-together-s/

AnotherJoe

On the face of it she isn't a dependent, so nothing to sign regards that except "none" and you certainly dont need to get signatures of occasional stayers at your house !

dk5294

Thanks everyone. Think I'm over thinking it as we don't want an already stressful time complicated and short of him having to rent (which he can't afford to do long term and save for a house) we have to live together so want everything as straightforward as possible.

We looked at it a few months ago and we have no grounds for a divorce until we have lived separately for a year. As I said it's literally a case of, we can't live together in the same house like a normal couple

sultanabran

Always sad when a relationship breaks down but at least it sounds like there's no animosity in your breakup and you don't have kids involved which always adds to the emotion of it. Good luck.

dk5294

*update* husband has submitted full app to Leeds BS. He financed a car for me last January on a PCP lease deal which isn't due to finish until 10/1/2020, I still want to use the car and he's agreed that I can do this, if I make the month payment. He's asked that I put this in writing with a declaration that at the end of the term the vehicle is handed back or I finance the balloon figure myself. I have agreed to do this and he's advised LBS what we intend to do. Is this OK? I travel for work and need my car, but can't finance one myself and my husband can't afford to hand it back. He factored it into his AIP but would they look at these monthly payments as additional income? Or him being dependant on me. I can't afford a car myself and need more than a run around due to having to cover at least 2000 miles a month!

sultanabran

The finance is in his name so he's liable for it so I would think that even though you've written a letter to the contrary, they would still include the monthly payments in any affordability calculations. From the lenders point of view, if you were to stop paying it, he would have to pay it (or face defaulting on it).