Advice Needed - Married & Separating - Mortgage & Kids

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rockyjr99
rockyjr99 Posts: 8 Forumite
edited 7 May 2019 at 9:49AM in MoneySaving dads
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  • BAFE
    BAFE Posts: 270 Forumite
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    I agree with you. It wouldn't be possible for you to pay a mortgage and support yourself on 36k, therefore, I do not think a court would order you to do so.

    It is more likely that a court would order the sale of the house and all assets and equity to be split equally. You would both then be expected to re-house yourselves, either renting of purchasing.

    CM payable too of course.
  • rockyjr99
    rockyjr99 Posts: 8 Forumite
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    Even though the children are in the home their needs are put first? I read that they tend to not authorise the sale of a family home to not disrupt the children.

    From what she has been telling me it seems as though she thinks I would be liable to pay the whole mortgage and CM while she continues to live there for the next 14 years. I am terrified of being made homeless as I won't have enough money to get myself any housing.
  • BAFE
    BAFE Posts: 270 Forumite
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    But the money isn't there for you to pay both rent and mortgage. That money simply doesn't exist. Don't just take my word for it - do the maths yourself.

    The childrens needs will still be met - it's just that they'll be in a different house. Everyone has to be housed, you included.
  • rockyjr99
    rockyjr99 Posts: 8 Forumite
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    Well the money I would have left would be not sufficient in my eyes although there would be some left. i could maybe get a small 1 bedroom flat or something renting but it would be a struggle. I just don't know why I would have to pay the mortgage on a house I no longer lived in? I get that they could restrict the sale of the property as they dont want to disrupt the children but surely then it would be up to the mother to pay the mortgage and I would just have to pay maintenance for my children? I am getting conflicting reports.

    Are you qualified in law in any way? Sorry not doubting your judgement I am just truly scared of being made homeless. I am trying to get a solicitors opinion but have to wait on appointment
  • BAFE
    BAFE Posts: 270 Forumite
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    No i'm not qualified in law and I don't mind you asking that. The only qualification I have is that I represented myself doing my own divorce all the way to a final court hearing against a self employed and financially dishonest Sicilian - so It wasn't easy if you get my drift. It took 7 years and I got 50% of the assets in the end and not a penny more, even though our 3 children lived with me and I only worked part time at the time.

    There is tons of information online. Wikidivorce is a good one. You sound as though your panicking a bit so I think you will feel a bit more reassured once you have seen a solicitor.

    How much is the mortgage, how much is a rental for yourself and how much CM are you currently paying. Let me see if I can help you.
  • rockyjr99
    rockyjr99 Posts: 8 Forumite
    edited 7 May 2019 at 9:49AM
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    edit - privacy removed
  • Mojisola
    Mojisola Posts: 35,557 Forumite
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    https://www.wikivorce.com/divorce/ is a good place to learn about splitting up and the law.
  • sheramber
    sheramber Posts: 19,136 Forumite
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    First of all you do not have to move out just because she says so.

    You should take legal advice before you do anything. You should be able to get a free initial meeting with a solicitor or contact Citizens Advice.
  • BAFE
    BAFE Posts: 270 Forumite
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    Well heres the maths

    net income £2318 minus 5% pension contribution which you can claim for equals about £2200

    Your expenses would be as follows

    CM 400
    Mortgage 450
    Rent 500
    Council Tax 100
    Water 30
    Gas/Electric 60
    phone 40
    Food 250
    Petrol/Season ticket 150
    TV licence 8

    Plus things I don't know about you such as

    credit card payments
    loan
    car payments
    MOT
    Car Service
    Car Tax
    life insurance
    home insurance
    prescriptions
    dentist
    optician
    replacement clothes and shoes

    All of these are essentials - and that's before you even claim a penny for a haircut/coffee/pub lunch/cinema visit/emergency washing machine repair

    Nah, you won't be ordered to pay the mortgage on your income. It'll be a sale unless your ex buys you out (if she can get a mortgage on her own) . Then your ex will either have to rent or purchase a new home and her income will be made up of her earnings, child support, tax credits, housing benefits and child allowance.

    Go and see a couple of solicitors for reassurance. I've got to go now i'm supposed to be mowing the lawn lol, good luck.
  • rockyjr99
    rockyjr99 Posts: 8 Forumite
    edited 7 May 2019 at 9:49AM
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