Divorce and joint mortgage...please advise

Starlight2017

Hi,


I'm in desperate need of some advice on what to do with my current situation. My marriage ended 18 months ago and I left the family home with my son. My ex husband lives in the property and cant pay me any child maintenance as he's so much in debt. His attitude is that I'm not paying into the mortgage so that offsets the child maintenance.
I'm applying for a divorce, but the financial situation is messy. I left with my own debts and I'm in an IVA. He is also in his own IVA for his own debts. Neither of us can buy each other out. There's no equity in the property and selling isn't an option due to the current IVA situation, as they made a clause stating the home cant be sold during the IVA.
I'm desperate to be free of this mortgage and tie to him. He holds it over me at every opportunity, threating to declare himself bankrupt so that the mortgage then falls to me and I'm responsible for paying for it, for a house I don't want, don't want to be in or associated with.
Is there any way I can have my name removed from it, although he's maintained the repayments alongside his IVA, a mortgage lender wouldn't allow him to have the mortgage alone on his wage.
If there isn't a way of removing my name? what happens when we divorce? Is there some sort of order I can make that states I don't pay into it but once the IVA has ended then he must sell and I get half?


If I could walk away from the mortgage right now, without getting a penny then I would, it's not about money or the property, its about wanting to free of the connection to him and the power he holds over me with his threats.


As money is a problem, this makes seeing a solicitor difficult too.


Really hoping for some advice, thanks in advance.

getmore4less

if there is no equity why were IVA chose over bankruptsy

antrobus

Starlight2017 wrote: »

..

Is there any way I can have my name removed from it, although he's maintained the repayments alongside his IVA, a mortgage lender wouldn't allow him to have the mortgage alone on his wage.
If there isn't a way of removing my name? ...

Only the lender can do so.

Starlight2017 wrote: »

..
what happens when we divorce? Is there some sort of order I can make that states I don't pay into it but once the IVA has ended then he must sell and I get half? .

Half of what? There is no equity.

In any case, the lender is not a party to your divorce. No court can extinguish your liability to them.

dimbo61

Why did you move out and take your son out of your home ?
There are hundreds if not hundreds of thousands of men and women up and down the country in the same position.
Relationships fail and couples break up.
It happens with or without kids being involved.
The problem is that you both bought a property together and are still financially linked.
He is paying the mortgage so Not building up arrears so the bank /building society are happy.
Unless he is a total A hole he will carry on paying the mortgage to keep a roof over his head.
You need to apply for maintenance for your son.
You could be renting for some time