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Divorce complicated

12 replies 1.2K views
Hi my husband and I have decided to separate after 37years. He is willing to sign his half of house to me. Problem is.
A. Restriction on title deed because he owes money.
B. Still got joint morgage which I can't take over as don't work due to illness.
The restriction was put on by court before it has held hearing. I objected but have no idea if it what the outcome is.
Really no clue what to do.
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Replies

  • BrowntoaBrowntoa Forumite, Board Guide
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    This is what solicitors are for , you need proper legal advice
    Links in my signature currently broken
    I'm the Board Guide of the Referrers ,Telephones, Pensions , Shop Don't drop ,over 50's , Boost your income and Discount Code boards which means I volunteer to help get your forum questions answered and keep the forum runnning smoothly .However, please remember, board guides don't read every post. If you spot an inappropriate or illegal post please report it to [email protected] Any views are mine and not the official line of MoneySavingExpert.
  • AliasOmegaAliasOmega Forumite
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    Its very likely that the house will need to be SOLD, as you cannot take on the mortgage.
    Its very much looking like -
    1. Arrange for a valuation of the property.
    2. Calculate the costs to sell the property (say £3,000).
    3. Take the valuation, deduct the sales cost, deduct the debt on the property (charge). This is what is left..
    4. Divide that by 2.. that is your share.
    5. Go start a new life with that money.

    You could have discussions about the "debt" and that its not "yours" but "his", but its a case that its likely to be seen as a "Join Debt" unless you can get him to agree. You might see it going as -
    6. Take the valuation, deduct the sales cost, divide by 2. You take this figure from the house sale. He takes his half, then pays the debt off*.
    *Its likely that the debt will be taken straight from the house sale funds, therefore he needs to agree to it before hand and make sure you get your agreed share and not 50/50. You'll need a Consent Order and processed via the court.

    Costs wise -
    Divorce £550
    Consent Order £450

    You can go through a solicitor for all this, but it will just throw money away...money that you can agree over a cup of tea.
    Note - I assume all children (if any) have grown up and left the house
  • pinkshoespinkshoes Forumite
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    Rileynan said:
    Hi my husband and I have decided to separate after 37years. He is willing to sign his half of house to me. Problem is.
    A. Restriction on title deed because he owes money.
    B. Still got joint morgage which I can't take over as don't work due to illness.
    The restriction was put on by court before it has held hearing. I objected but have no idea if it what the outcome is.
    Really no clue what to do.
    He cannot just sign his share over to you if you cannot take on the mortgage on your own. The mortgage company will not allow this. I assume he wants a clean break and isn't wanting to keep on paying the mortgage whilst you live there?? He will need to be able to afford to pay for his own home.

    By the sounds of it, you are going to have to be realistic and sell the house. Does your husband have any pensions? You will need to work out how much you both own in assets (houses, pensions, savings etc...) vs how much debt you have and come up with a sensible way to split what assets you have.
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
  • gwynlasgwynlas Forumite
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    How old are you both? If you still have a mortgage on the property how much is outstanding? How long is left on the mortgage?
    Where are you expecting to live once divorced? How will you fund this?
    Are you claiming benefits? Is he currently your carer given that you are too ill to work?
    If you are then you can only have £16000 in savings before they are cut and the same goes for your husband.
    It is not as simple as him agreeing on signing over the house to  you, he owns less than half of it until mortgage and outstanding debt paid off
  • RileynanRileynan Forumite
    5 posts
    First Post
    Thank you for your comments. 
    I am in my late 50s.
    After reading your comments it is obvious to me that my situation is hopeless. He took finance out to fund a business that he bought without telling me. At least 2 companies are after him via the court system to get money.
    He has now got a flat he is renting and is working. 
    So he had basically started afresh. While his creditors are obviously trying to get their money back from his half of the house, which is my home.
    So my situation I can see is hopeless, I cannot fight them off, I cannot work. Everyday is a physical struggle for me. I will end up homeless, with little money.
    He gets to start again and I lose everything.

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  • gwynlasgwynlas Forumite
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    Sorry to see that you are responding to this in the early hours when everything feels as bad as it can be,
    You need to see a solicitor and file for divorce, in order to salvage what you can from the situation.
    The house needs to go on the market
    You need to register for housing with your local  council so that you do not end up homeless, your age and illness will go iin your favour.
    If you are not in receipt of benefits already you need to apply 
    You can also start again 

  • Comms69Comms69 Forumite
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    Rileynan said:
    Thank you for your comments. 
    I am in my late 50s.
    After reading your comments it is obvious to me that my situation is hopeless. He took finance out to fund a business that he bought without telling me. At least 2 companies are after him via the court system to get money.
    He has now got a flat he is renting and is working. 
    So he had basically started afresh. While his creditors are obviously trying to get their money back from his half of the house, which is my home.
    So my situation I can see is hopeless, I cannot fight them off, I cannot work. Everyday is a physical struggle for me. I will end up homeless, with little money.
    He gets to start again and I lose everything.

    Well sort of. I mean it's unlikely that he owes more than the value of the house?
  • jane7458jane7458 Forumite
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    MoneySaving Newbie
    MOD Pension.My friend is going through a divorce and trying to avoid huge solicitor bills.Her biggest problem  is his pension, she has too keep  it with the MOD,she does not get the opportunity to share any residue when she dies,but husband does.He can take a lump sum she can't. How would a court view a pension share as she is at a huge disadvantage.
    Thanks 
  • TBagpussTBagpuss Forumite
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    Rileynan said:
    Thank you for your comments. 
    I am in my late 50s.
    After reading your comments it is obvious to me that my situation is hopeless. He took finance out to fund a business that he bought without telling me. At least 2 companies are after him via the court system to get money.
    He has now got a flat he is renting and is working. 
    So he had basically started afresh. While his creditors are obviously trying to get their money back from his half of the house, which is my home.
    So my situation I can see is hopeless, I cannot fight them off, I cannot work. Everyday is a physical struggle for me. I will end up homeless, with little money.
    He gets to start again and I lose everything.

    Your situation is not hopeless. 
    You need to get together  bit more information and then speak to a solicitor.
    However - step one:
    -How much is the house worth? Get a couple of agents to come out and value it, meantime, look on Rightmove, Zoopla, and local agents websites for similar properties to get a rough idea of its value.
    - How much is outstanding on the mortgage?
    - How much is owed by your husband to the other creditors? 
    -Does either of you have any other assets (pensions, for example) apart from the house? - How big is the house?
    It may well not be possible for you to stay in the current house.
    However, it may be possible for you to have a large enough share of the equity to enable you to buy a smaller property outright, you may be eligible to buy a shared ownership property, if there are pension then you may be entitled to a share of the pension and if that happens, then as you are over 55 you might be able to immediately draw a lump sum to add to the money you get from the sale of the house, if that is not enough on its own to buy a new property. 
    His creditors can only pursue their claims against his interest in the house, which if you own as joint tenants will be assumed to be 50% .
    As between you and him, a Judge in the divorce process can decide that it is fair to split the assets unequally, for instance, if you are unable to work due to disability, but he is able to work, they can take into account the differences in your needs and your abilities to rent or to get mortgages.

    I believe that putting a restriction on before a full hearing is fairly normal, it just ensures that the house can't be sold or remortgaged before the court makes a decision, so protects the creditor's position - do you know whether the court hearing has happened yet? 

    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
  • RileynanRileynan Forumite
    5 posts
    First Post
    The court hearing is in November.
    I am seeking the advice of a solicitor. Fortunately my daughter has a friend who deals in family law. 
    It's also been suggested a family member might be able to buy him out. So that's something we are looking at.
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