Divorce situation

Me12 · 13 November 2018 at 8:58PM

So, filing for divorce. I want to know what they chances are of a charge being put on the house (what I'm hoping for)?
Quick run down: mortgage, a young child. His whole family live locally, none of mine.
He doesn't want anything inside the house. He wants to force the sale.
Me and my child would then be homeless, or put in precarious housing situation.
I work part time and am the main carer for our child, therefore cannot get my own mortgage, however can prove that I can make the monthly payments for a mortgage with no financial strain.
My child is settled in his home and local school.
My ex has stated he will pay the minimum amount of maintenance required. He won't leave the house until it's sold, so he tells me.
The most important thing to me is ensuring my child remains as stable as possible, and that means staying put in him home.

What's the likelihood of this happening? It's going to have to go to court.

TBagpuss · 14 November 2018 at 8:59PM

It depends on a lot of factors.
For instance, how much equity is there in the house, and what mortgage capacity do you have, so what would the prospects be of you getting a smaller mortgage if you moved to a smaller or cheaper property.
Are there any assets other than the house, like pensions or savings.
A court has to try to be fair to you and your ex, but also to take into account your, and his housing needs and those of your child.
If you can afford the outgoings and there isn't a realistic prospect of you being able to rehouse elsewhere then there is a fair chance that you will be able to stay with your ex having a charge over the property, but if course it will also depend on what his arguments are for the house being sold.

Kayalana99 · 30 December 2018 at 1:30PM

I thought the general standard was the woman and child could not be forced out of the property until children are 18 - perhaps this can be countered if there was a 'bigger' reason. Not saying this is true - but that was the information I have always been told.

However, it is his house as well....so I'm not sure you could force him to move out either.

TBagpuss · 4 January 2019 at 12:05PM

No, it's simply that the needs of the children, including their need for a secure home, is one of the things a court has to consider in deciding what is fair.

If there is no other way to ensure a secure home for the children, and assuming that the parent with care can afford to pay the mortgage and the other outgoings, then this often means that the parent with care will remain in the house.

However, if there is enough equity that it would be realistic for that parent to downsize so the other spouse can be released from the original mortgage, or if the parent caring for the children can't afford to run the house, then the court may order it to be sold.

tonyf33 · 10 January 2019 at 1:20AM

my partner bought her former husband out, offered him a cash sum that was significantly less than the 'half'. She based it on not just the fees for selling but also additional costs of going to court to get matters sorted.

She got additional help from her dad but she wasn't a big earner but put everything she had to pay for the new mortgage and went 'without' for years.
Appreciate that may not be possible finances wise but if it is, it might kill two birds with one stone.
GL

Sind21 · 1 March 2019 at 10:58PM

I have been divorced for 10 years (luckily it was an amicable split, and we managed to sort out the divorce ourselves online without the use of a solicitor). At the time, we left the financial side of things as they were - we had two dependent children, and I was not in a position to buy my ex husband out. The children are now adults and at Uni, and I am back at work full time, so we now want to sort out the finances. My ex is happy to have a specified amount £8000, from the value of the house, and I want to remortgage to pay this to him, and have the house put solely in my name. I was advised by my mortgage broker that we needed a transfer of equity document, and we were prepared to go to a solicitor together to request this, but when I rang to make an appointment, we were told that we have to go to separate solicitors to draw up two separate documents, saying the same thing, that we both agree on. Is this correct?

Savvy_Sue · 2 March 2019 at 12:17AM

Sind21 wrote: »

I was advised by my mortgage broker that we needed a transfer of equity document, and we were prepared to go to a solicitor together to request this, but when I rang to make an appointment, we were told that we have to go to separate solicitors to draw up two separate documents, saying the same thing, that we both agree on. Is this correct?

Yes.

Your solicitor represents YOU and YOUR INTERESTS. His solicitor represents HIM and HIS INTERESTS. One solicitor cannot represent both of you, because there is a potential conflict of interest.

For example, he may be happy with that £8000, but his solicitor may say to him "you do realise that this deal is hugely advantageous to your ex-wife, are you sure you're happy with it?" Or yours may say to you "you do realise that £8000 is very generous to your ex-husband, are you sure you're happy with it?"

So what neither of you wants is a rottweiler of a solicitor. You want someone who will say "you could get more, but if you're happy, that's fine, as long as you realise."

Because the solicitors act on YOUR instructions. They advise, but YOU instruct.

EstherG · 8 March 2019 at 11:09AM

Divorce is always very hard! Hold on and be strong for the sake of the child and yourself!

Divorce situation

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