Financial dispute in divorce

GingerMum

TBagpuss, thanks.

Correct re equity. He proposes I get 6k. Under pressure (verbal aggression I suggested this and proper maintenance).
We both have poor credit so not sure of his options re re-mortgaging. I think his earnings, I presume almost 40k would allow that though. He says he has spoken with an advisor.

He is adamant he has the house. I would like it to be secured for the children. If we sell I'm unsure he would be able to buy another property.

We agreed we would sell it originally, then he changed his mind and told me to get out. I did manage to get an estate agent valuation though.

I try to only communicate when necessary and keep it factual and logistic re children. I have had unpleasant texts. I have kept them all.

As I now understand I would have to justify to the court if I take less than my entitlement so the above wouldn't be accepted anyway!

He refused mediation anyway. I believe him to be showing narcissistic behaviour and am researching how to deal with this.

I don't want to live in that house! I think it would be detrimental to my emotional wellbeing.
I wonder if I could have a charge over the property and be paid out at a later date?

davidwood681

How much is he currently paying per month regarding your joint debt?

60K is a big sum. Maybe the payments are more than enough to cover what he should be paying in maintenance so he could be doing you a favour in that area

GingerMum

It was approx. £600pm. His contribution can be reflected in the financial settlement.

Tabbytabitha

GingerMum wrote: »

TBagpuss, thanks.

Correct re equity. He proposes I get 6k. Under pressure (verbal aggression I suggested this and proper maintenance).
We both have poor credit so not sure of his options re re-mortgaging. I think his earnings, I presume almost 40k would allow that though. He says he has spoken with an advisor.

He is adamant he has the house. I would like it to be secured for the children. If we sell I'm unsure he would be able to buy another property.

We agreed we would sell it originally, then he changed his mind and told me to get out. I did manage to get an estate agent valuation though.

I try to only communicate when necessary and keep it factual and logistic re children. I have had unpleasant texts. I have kept them all.

As I now understand I would have to justify to the court if I take less than my entitlement so the above wouldn't be accepted anyway!

He refused mediation anyway. I believe him to be showing narcissistic behaviour and am researching how to deal with this.

I don't want to live in that house! I think it would be detrimental to my emotional wellbeing.
I wonder if I could have a charge over the property and be paid out at a later date?

Let go of that idea, it isn't going to happen.

davidwood681

GingerMum wrote: »

It was approx. £600pm. His contribution can be reflected in the financial settlement.

So the £300 you should be paying him can be knocked off what he should be paying you.

How much do you think the difference should be?

GingerMum

The whole issue is confusing. I am advised as I don't live there, I'm not obliged to pay - unless he defaults then the house would have to be sold. CMS have worked out maintenance to be £95 per week.

davidwood681

GingerMum wrote: »

The whole issue is confusing. I am advised as I don't live there, I'm not obliged to pay - unless he defaults then the house would have to be sold. CMS have worked out maintenance to be £95 per week.

For each child?

If not , he owes you £111 a month in maintenance after paying the £300 off your share of the loan

redpete

I would forget about wanting to pass the house on to the children. By splitting up there will be more costs (maintaining 2 households instead of 1). You need to concentrate on getting a fair settlement for all of you to have a reasonable standard of living now rather than worry about what the kids might inherit.

Kynthia

Get legal advice. Don't agree anything without it.

He should be paying you maintenance. While you are responsible for half the mortgage/loan, he is enjoying the benefit of living in the property while you are needing to pay rebt for sonewhere else to live. Therefore it can be argued he should be paying you rent for half the property while this is being sorted. So many people decide that half the mortgage and half-rent cancel each other out.

You need to fight for a half share, or what is fair, of your marital assets for your children's sake.

davidwood681

Kynthia wrote: »

Get legal advice. Don't agree anything without it.

He should be paying you maintenance. While you are responsible for half the mortgage/loan, he is enjoying the benefit of living in the property while you are needing to pay rebt for sonewhere else to live. Therefore it can be argued he should be paying you rent for half the property while this is being sorted. So many people decide that half the mortgage and half-rent cancel each other out.

You need to fight for a half share, or what is fair, of your marital assets for your children's sake.

Nope, she isn't paying towards the mortgage so you can't really expect him to pay for both properties