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Re Family home & renting

  • PhoebeBlue
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15 Jun 12 #336814 by PhoebeBlue
Topic started by PhoebeBlue
My husband refuses to move out & wants 50% of value now and for us the sell FH even though we have two children aged 11 & 8 yrs. Life at home is intolerable (I petitioned for divorce in March on account of his unreasonable behaviour and we''ve been separated sinec Dec. 2011).
If I move into rented accomodation, am I still obligated to pay half the mortgage on the FH ?

  • sexysadie
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15 Jun 12 #336825 by sexysadie
Reply from sexysadie
Unfortunately yes.

I am sure it is terrible at home but unless you can pay rent as well as the mortgage you do need to stay put. Also if you are the main carer for the children and want to remain so it will be better to maintain that status quo and stay there with them.

Have you started the Ancillary Relief process? You can file as soon as you have your Decree Nisi but you could start mediation over the finances earlier if he will agree.

Your husband may want 50% of the value of the house now but he is unlikely to get it if it means that there are problems housing the children. Where do you expect they will live - mainly with you, mainly with him, or equally with both?

Best wishes,
Sadie

  • LittleMrMike
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15 Jun 12 #336832 by LittleMrMike
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I very much agree with Sadie. What is more, if the mortgage is in joint names you are what is known as jointly and severally liable, which means, in theory at least, that you could be sued for the whole lot.

Sadie is right. Almost certainly :

It is almost certain that he, not you, will have to move out ;
He will not get 50% ; and
He will not get it now.

I''d press on with your financial claims and progress them as soon as you can

LMM

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