Can I be forced to sell?

chelseablue

Husband has announced he doesn't love me (after 13 months of marriage) and "we'll have to sell the house"

Would I have to sell? I live there with our 5 year old son

I earn enough to have the mortgage put into my name, its just the buying him out bit I would need to save for

I would need to give him around £18,000 to buy him out

I reckon I could save this up in around 18 months

I doubt he'd have money to take me to court, but if he did, if I could show the court I was saving up to give him the money would I still be forced out?

getmore4less

Sometime you just remember names and posts.

2 weeks ago you said.

We have a 5 year old son and both work full time (both incomes needed to support mortgage and other outgoings)

what's changed.

chelseablue

getmore4less wrote: »

Sometime you just remember names and posts.

2 weeks ago you said.



what's changed.

I've done an up to date SOA and without him there and his spend-a-lot ways I can afford it on my own


As I wont be paying £207 a month for his car, plus beers and smoking every day, plus his golf club membership, plus his £80 a month mobile phone

To quote Del Boy this time next year I'll be a millionaire (or at least much better off!)

getmore4less

How much have you saved up since this all kicked off in Jan.

If you really want a clean break can you borrow the cash from somewhere or take over the mortgage get him off it and will he accept a IOU say on a 2 year payment plan if affordable.

Also for the last few month you have said you don't like the place and want to move why not just do that?

chelseablue

Id say about £6,000, but I've got £1,700 left as we've paid to have work done in the house.

Obviously wouldn't be able to have anything else done now Id have to save up to buy him out, or borrow from somewhere

Not sure if you can remove someone's name from the mortgage if we're in a fixed rate? Its with Nationwide

foxy-stoat

No Judge in the land will agree to force a sale in these circumstances. Sit tight and save as much as you can. You will need to speak to a solicitor, maybe get your financials confirmed, ie current equity and market value as it will probably drag on a few years - hopefully the house value doesnt increase too much.

chelseablue

Thank you.

Just a thought, but the outstanding finance on the car is £14,000.

Could I offer to give him the car, him stop paying for it and me continue the payments?

Then give him £4,000

lisyloo

If he is willing to accept his £18k in that form (and agrees it’s £18k) then that’s fine.
Why wouldn’t he prefer you saving up over 18 months? Or £1k per month?

Do nationwide agree that you can afford the house on your own?

He will be keen to get off the mortgage to he can get one elsewhere but the decision on whether you meet affordability criteria is nationwide’s not yours.

I don’t think you be forced to sell.
The child comes first as far as the court are concerned.
If he has to wait to come off the mortgage then so be it.
I’m assuming of course that you live in a normal house e.g. 3 bed and not a 4, 5 or 6 bed that you could downsize from?

kazwookie

chelseablue wrote: »

Husband has announced he doesn't love me (after 13 months of marriage) and "we'll have to sell the house"

Would I have to sell? I live there with our 5 year old son

I earn enough to have the mortgage put into my name, its just the buying him out bit I would need to save for

I would need to give him around £18,000 to buy him out

I reckon I could save this up in around 18 months

I doubt he'd have money to take me to court, but if he did, if I could show the court I was saving up to give him the money would I still be forced out?

Sit tight and do nothing, stop paying for his stuff.

chelseablue

lisyloo wrote: »

If he is willing to accept his £18k in that form (and agrees it’s £18k) then that’s fine.
Why wouldn’t he prefer you saving up over 18 months? Or £1k per month?

Do nationwide agree that you can afford the house on your own?

He will be keen to get off the mortgage to he can get one elsewhere but the decision on whether you meet affordability criteria is nationwide’s not yours.

I don’t think you be forced to sell.
The child comes first as far as the court are concerned.
If he has to wait to come off the mortgage then so be it.
I’m assuming of course that you live in a normal house e.g. 3 bed and not a 4, 5 or 6 bed that you could downsize from?

Only on the affordability calculator, I have not actually spoken to them yet

He'd never get a mortgage on his own

Id say its a normal house, its a 3 bed semi detached. Although as I just have the one child there is a spare room, so perhaps they could argue I don't need 3 bedrooms

getmore4less

Who's name is the finance for the car is it linked to the car.

Since you knew things were rocky for 6 month seems you have not been unwinding your financial links or commitments.

a week ago you were talking about moving north together