Help needed asap finances/housing/divorce

UnicornGirl81

So my ex husband and I have signed our financial order and is being approved by the judge as we speak

he’s buying me out for a lump sum and I have to vacate the house with my children & our belongings on a set date (as set out and agreed in the order) 

just needing some advice on grounds of staying in the property with his consent after this date until I am rehoused

he’s told me that the mortgage company won’t allow this as he’s remortgaging to raise the money to buy me out and it’s tied to the order 

obviously can’t speak to the solicitor about it as legally I will have relinquished all my rights to the home

thanks in advance 

TBagpuss

He is right, You would need to move out.

It might be possible for him to get forms signed for the lender basically saying that you acknowledge any interest you have is subject to their prior claim, but they may not be happy with that especially as you are married but divorcing. 


If you move out, he completed the remortgage and then allowed you to move back in that would be a bit different as you would be coming in after the new mortgage was signed and on the basis that you were not in the property at the time their charge took effect.
The disadvantage of course is that he could then require you to leave at any point so you and the children would be very insecure. 

pinkshoes

UnicornGirl81 said:

So my ex husband and I have signed our financial order and is being approved by the judge as we speak

he’s buying me out for a lump sum and I have to vacate the house with my children & our belongings on a set date (as set out and agreed in the order) 

just needing some advice on grounds of staying in the property with his consent after this date until I am rehoused

he’s told me that the mortgage company won’t allow this as he’s remortgaging to raise the money to buy me out and it’s tied to the order 

obviously can’t speak to the solicitor about it as legally I will have relinquished all my rights to the home

thanks in advance 

What do you mean by the bit in bold? Are you hoping for the council to rehouse you?

The problem here is that him buying you out means that once his mortgage is in place, as it will be a residential mortgage and not a buy to let mortgage, his mortgage will not allow you to stay.

I assume the kids are not his? (as you say MY children and OUR belongings). Do you have family you can stay with? Could you rent a house with the money you are being bought out with?

Rachna_83

At our finance hearing I was told that the standard time limit given is 90 days so Im assuming you were given that? In my situation ex asked for an extra month which was agreed as part of the order. So I think as the order is now done it is up to ex whether he will give you the extra time. But perhaps you could look at staying somewhere temporary rent/family? Not ideal I know