Seperation and Mortgage Question

skintmummy

Hello


I have recently separated from my husband and wondered if anyone could give any advise on my mortgage situation.


We have a joint mortgage which I am paying on my own at the moment which we have agreed on to help him to find a new place to live, however we will not be able to get a mortgage in my own name due to the size of the mortgage and affordability rules. Can my husband force the sale of the house whilst I live there with our 12 year old son ? If we divorce does this mean he can force a sale then as well ?


Thanks for any help you can give.

PeacefulWaters

To many variables for a definitive answer.

Yes it's possible that a judge would order the sale. Equally it's possible that a judge wouldn't order the sale. A solicitor might be best starting point, even if it's just an hour to lay out the possibilities.

Ideally, you want to be able to mutually agree everything with your ex. If that means waiting until your child is 19 or 22 and keeping you both in the marital home for stability that might be an ideal.

Easier said than done to achieve.

davidwood123

PeacefulWaters wrote: »

To many variables for a definitive answer.

Yes it's possible that a judge would order the sale. Equally it's possible that a judge wouldn't order the sale. A solicitor might be best starting point, even if it's just an hour to lay out the possibilities.

Ideally, you want to be able to mutually agree everything with your ex. If that means waiting until your child is 19 or 22 and keeping you both in the marital home for stability that might be an ideal.

Easier said than done to achieve.

Never understood this.

At that age they are adults. Who cares if they are still in the family home

PeacefulWaters

davidwood123 wrote: »

Never understood this.

At that age they are adults. Who cares if they are still in the family home

It's about stability throughout their education. It's something to value. I could have said 18 and a bit depending on the date of birth, but I didn't have that info.

davidwood123

PeacefulWaters wrote: »

It's about stability throughout their education. It's something to value. I could have said 18 and a bit depending on the date of birth, but I didn't have that info.

If at that age you can't deal with a house move that will improve the situation for both your parents, you haven't got a hope in hell when you get in the real world. Acting the way you describe is harming society. We are raising a generation of pathetic, spineless adult ''children''

PeacefulWaters

davidwood123 wrote: »

If at that age you can't deal with a house move that will improve the situation for both your parents, you haven't got a hope in hell when you get in the real world. Acting the way you describe is harming society. We are raising a generation of pathetic, spineless adult ''children''

The kid is 12. The big exams are yet to come. It's a lot more than a house move.

FBaby

It would very much depends on what you could afford if the house was sold. If selling the house means that you can get a mortgage for a two bed house/flat close enough that your son can still attend the same school, whilst your husband justify that he can't buy anything whilst still attached to the mortgage, then it isn't impossible that a judge would grant his request to sell the house.

If however you already live in a 2 bed flat and wouldn't be able to afford anything locally nor rent which would mean moving and your son needing to attend a different school, then you would have more of chance to be granted to stay in the property until he turns 18.

mark5

FBaby wrote: »

It would very much depends on what you could afford if the house was sold. If selling the house means that you can get a mortgage for a two bed house/flat close enough that your son can still attend the same school, whilst your husband justify that he can't buy anything whilst still attached to the mortgage, then it isn't impossible that a judge would grant his request to sell the house.

If however you already live in a 2 bed flat and wouldn't be able to afford anything locally nor rent which would mean moving and your son needing to attend a different school, then you would have more of chance to be granted to stay in the property until he turns 18.

The husband could also be hit by second home stamp duty rates if he does buy again while still on the deeds of the family home.

Spendless

davidwood123 wrote: »

Never understood this.

At that age they are adults. Who cares if they are still in the family home

When this topic comes up, some people reply 'until youngest's 18th birthday' but that's not always strictly correct.

As said it's to do with offering stability during education so the wording is often along the lines of 'until the end of (non-advanced) education' This means A levels or equivalent.

If your child has a September birthday (England/Wales) then they are going to be 18 at the start of yr13. In this case a ruling about the end of non-advanced education wouldn't apply until the following year once that academic year had finished. If your Sept born child messes up the first year of sixth form and has to re-take the year then they'd be 19 (almost 20) when non-advanced education stopped.

I've known some people say their ruling just mentioned 'education' and therefore Uni is included, which would take up to age 21/22. I've not known anyone in RL though this happened to.

My friend's allowed her to stay in the marital home without it being sold or her paying her ex out until her youngest left (non advanced) education or until she re-married/co-habited whichever came first.

Gloomendoom

Spendless wrote: »

I've known some people say their ruling just mentioned 'education' and therefore Uni is included, which would take up to age 21/22. I've not known anyone in RL though this happened to..

I have, although the wording was "full time" education. I don't believe a specific age limit was mentioned.