Divorce and mortgage

V2001

Asking for a family freind. Hes going through a messy divorce. Hes wife has moved out and he been left with family house and paying all mortgage cost and bills. she will later come for half or even more of the house.
What can he do as he's struggling with payments. Its a joint mortgage but comes out of his sole account. She's trying to get him to carry on paying mortgage so she can benefit later from a sale. Hes got no where else to stay.  Any options for him?

elsien

If he can’t afford it on his own he probably needs to sell and find somewhere smaller/cheaper. 

Are there any children and if so where are they living? 

It’s not a question of her benefitting later from a sale; if they are going to sell they will need to sort out all the financials as part of the settlement anyway. 

They are both equally liable for the mortgage if it’s a joint one. There isn’t a way to force her to pay but any defaults will impact on both of them. 

Can he get a lodger for now if he’s struggling financially? 

V2001

There are children  and the mother took them and reschooled them without his permission. They living at her parents house. She's made false allegations against him also so it's messy. She's not responding back to him so he can't discuss finances with her. Hence why he's stuck. 

elsien

Invite her to mediation. Then if she refuses and it ends up in court then he can evidence that he tried. Particularly when access to the children also needs to be sorted out. 

dimbo61

So she has moved out of the family home and is now back with Mum and Dad with the kids.
OMG she did not ask his permission before moving the kids to a different school perhaps closer to Mum and Dad,s Home !
Are you in the UK or  some foreign country where women need permission to drive,  change the kids school, vote etc.
A breakdown in a relationship can be very difficult I know.
Is he paying child support ? Maintenance to the Ex ?
Has she got a job to help get a mortgage and put a roof over her head and the kids.
You don't know why they split up.
What goes on behind closed doors.
The courts will decide the equity in the property taking into account, income, savings, pensions, age of kids, child support, etc

V2001

She claimed domestic abuse. Her goal is to keep kids away so it's going through courts. She's not working as part of her plan I guess to get more child maintenance 

elsien

Child maintenance is based on his salary and the proportion of time that the children are with the respective parents. Whether she is working or not does not affect the child maintenance amount.

What is your interest in this? Has he asked you for advice?

Thrugelmir

V2001 said:

What can he do as he's struggling with payments. Its a joint mortgage but comes out of his sole account.

Speak directly to the lender , explain the situation and ask for a temporary switch onto an interest only basis. Whilst the financial issues surrounding the divorce are resolved. 

V2001

Would they both have to sign if they goto interest only? Or just him as he is paying mortgage from sole account 

Thrugelmir

V2001 said:

Would they both have to sign if they goto interest only? Or just him as he is paying mortgage from sole account 

Don't be afraid to speak to the lender. They have a duty of care towards you. Far from being an uncommon situation. 

[Deleted User]

Wow - your friend is lucky she did not report domestic abuse, get him kicked out of the house, but require him to continue to pay the mortgage to house the children
He needs to pay for a ( very expensive) divorce lawyer unfortunately.