Financial proceedings help please

Dumpling17

Divorcing husband (of over 10 years) and I have the nici. I’ve been trying for 2 years to sort out the finances via mediation, negotiation etc but got nowhere so have gone to court. Situation is slightly complicated as he put the deposit down on the house, I moved in and we married but he would never allow me onto the deeds or mortgage. I have matrimonial home rights on the house. We have young children together and they are to stay with me via child arrangement order. Ex wants to buy me out or a mesher, I want to buy him out. I feel like he has dragged this out knowing my financial situation would change and I’d be unable to get a mortgage on my own. I previously offered to buy him out 65:35 and leave pensions/savings alone but he refused. We’ve had the first court appointment, second one due soon. At the first appointment, a loan agreement turned up dated years ago that I had no knowledge of, saying a large amount of money would need to be repaid to a family member if the house is sold. Now, I know this document is a load of rubbish and can disprove it was signed when it says it was, and the money was used for renovations and was always a gift. Hope the court would discount this document and see it as a ploy to force a mesher.
Ex lives with a partner and is renting and I am in the FMH and have a boyfriend but we don’t live together but I’ve declared his finances anyway in the event we do ever co-habit as it was requested in his questionnaire. Ex and partner are on 3 x as much as us combined. Any ideas what the court would decide? It may be that my boyfriend will have to go onto a mortgage with me, would it be a 50:50 split in that case or are children and salaries taken into account still? Children are desperate to stay in the house and I’m feeling a little overstretched 😬

TBagpuss

The court has to be fair to both of youm looking at all the circumstnaces. The house being held in his sole name is not relevant, norgivin the length of the marriage, it is likely to be relevant that he may have owned it befroe you move in.

A court will however be interested in whether you can get a mortgag eto get him released from the existing mortgage, if you were to buy him out.

Who is currently in the property? If you are lving there, then there are argumwents to mbe made in favour of remaining there and providing stability for the children.

Hpwever, if you moved out and he is in the house, then it may make more sense for you to look at trying to get a lump sum large enough that you can affford to buy another property - using whatever mortgage capacity you would be using if you were buying him out.

If you are not in a position to get a mortgage to allow you to buy him out, then your chances of staying in the hosue are not as good, but will depend on what your prospects would be for buying a diferent propwerty, if you get a lump sum now.

If the childrne live with you then the court is unlikely to make a mesher type order for your husband to stay put and pay ypu later, they might be willing to do one for you, either on the family home or a new property, oif your situation is that you can get a morgage to clar the current one, but can't borrow estra to buy him out now.

However, it would pay you to see a solicitor and get advice from someone who can look at the full picture.