Separated but living together during lockdown, mortgage on application on hold.

marialis

Good morning all, hope everyone is safe and well!
My hubby and I separated at New Year after 11 years of marriage,  but we are still in the same house.  Property is mortgage free as we inherited from his parents, and have spent approx £80K renovating (funded from sale of both our properties, we are in agreement that we have contributed equally to the property).  He is obtaining a mortgage to give me my half of the value, and I am at exchange stage on another property.  Unfortunately the desktop mortgage valuation came in really low.  The comparable houses around us haven't sold in 20+ years, and the house we are in has never had a mortgage.  He has appealed and Halifax have confirmed that their valuation was low, so need to do an on site valuation, which obviously can't happen due to lockdown.   

The house I am buying is empty, so my proposed solution is to see if the vendors will allow me to rent until his mortgage is approved - I realise that's not as simple as it sounds but quite frankly I'm desperate.  My questions is - is it unreasonable to ask my hubby to pay half of my rent until his mortgage is sorted?  I do have a dependant child (not his), and my solicitor has advised that I could fight to keep the house based on this, but that's not a road I want to go down.  My worry is that once I'm out he has little incentive to incur a mortgage whilst he's living mortgage free, and of course the fact that he's living mortgage free whilst I'd be paying rent.  

[Deleted User]

You are not really asking on the right board. This is about property buying and arguments under Land trusts etc about ownership. Your question really is more to do with ancillary relief and what financial remedies you could receive on divorce. What you are effectively asking is maintenance pending suite for him to pay you some spousal maintenance towards your rent. That can be by agreement or you try and force the issue by making an application for financial relief. Things like “mediation” then come into play before court applications. 

There is a divorce / relationships section on here that may find more divorce savvy experts on there ? 

marialis

Thanks, I did look but couldn't see - it's the first time I've used it  

MovingForwards

marialis said:

Thanks, I did look but couldn't see - it's the first time I've used it  

You could always use wikivorce as it's a site dedicated to couples splitting up, contemplating divorce, divorce, financial agreements, children involved etc.

TuppenceWorth

It sounds like he is not pushing you out before mortgages sorted. So it's your choice although I can understand why you would want to get out asap.

What I would do is work out how much interest he would be paying if the mortgage did come through. Then ask that he pays you the same amount as contribution to your rent. He would be no worse off and you will be able to move on. Good  luck...

JimmyTheWig

Surely the answer is that he rents your half of the house from you until the mortgage comes through.

Thrugelmir

Have you approached the vendors to see if your idea is workable?  

Sistergold

marialis said:

Good morning all, hope everyone is safe and well!
My hubby and I separated at New Year after 11 years of marriage,  but we are still in the same house.  Property is mortgage free as we inherited from his parents, and have spent approx £80K renovating (funded from sale of both our properties, we are in agreement that we have contributed equally to the property).  He is obtaining a mortgage to give me my half of the value, and I am at exchange stage on another property.  Unfortunately the desktop mortgage valuation came in really low.  The comparable houses around us haven't sold in 20+ years, and the house we are in has never had a mortgage.  He has appealed and Halifax have confirmed that their valuation was low, so need to do an on site valuation, which obviously can't happen due to lockdown.   

The house I am buying is empty, so my proposed solution is to see if the vendors will allow me to rent until his mortgage is approved - I realise that's not as simple as it sounds but quite frankly I'm desperate.  My questions is - is it unreasonable to ask my hubby to pay half of my rent until his mortgage is sorted?  I do have a dependant child (not his), and my solicitor has advised that I could fight to keep the house based on this, but that's not a road I want to go down.  My worry is that once I'm out he has little incentive to incur a mortgage whilst he's living mortgage free, and of course the fact that he's living mortgage free whilst I'd be paying rent.  

If you move out you are really done, best stay put and sort it out first. No one will force him to do what he promised all paperwork needs to be done first

Socajam

I agree 100% with Sistergold.
In husband's place, I would not be paying 50% of your rent when you have some place live.
If you want to move out that should be on you, not his responsibility.