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What are we each entitled to in our divorce settlement?

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General Advice

  • raflad36
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17 Jan 08 #10925 by raflad36
Topic started by raflad36
A general question or two, hope someone can give me some advice.

Been seperated rom my wife since Aug 04. In Jan 05 I obtained a mortgage for her to buy a house where she lives with the 2 children. The mortgage is in joint names. Since she moved in I have paid the mortgage in full, and I live over 180 miles away from them so have my own bills and travelling costs on top of that.

Have been on the CSA website which is clear what I should be paying. She works part-time as she says she can't work full time because of the children (aged 8/9).

I want her to take the mortgage and remove me from it. Where do I stand on this issue, what will happen if I only pay her the CSA recommended amount? I feel I am paying for her to live rent free, when she could earn more money and pay for it herself.

Anyone in a similar situation? How was it resolved. Any help gratefully received.

  • Josh2008
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17 Jan 08 #10928 by Josh2008
Reply from Josh2008
Providing she is physically able, she can easily work a full time job or at least 30 hours per week.

It is not too difficult to fit in more hours these days, and it is too easy for her to rely on you.

Suggest you give her a month to find extra work as you will only be supporting from then on using CSA figures...

Good Luck

  • Specialdad
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17 Jan 08 #10934 by Specialdad
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You need to get a legal Separation Agreement.

Go for mediation to agree terms.

Full disclosure of each others finances so you can both come to a fair settlement.

  • Shepherd
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17 Jan 08 #10940 by Shepherd
Reply from Shepherd
Hi Raflad36.

I'm in a similar situation with my xw2b. She works only 7 hours a week and doesn't seem to want to work anymore, I feel she's keeping this under the magic 16 hours because she gets loads of help from Income Support, including the interest paid on the mortgage.

We also have a mortgage in joint names and I would like to get off the mortgage and have it all transferred into her name once all the finances/settlement has been sorted out. However my solicitor has told me, unless my mortgage supplier is satisfied my xw2b can manage the repayments, they won't transfer it into her name. Unfortunately for me, this also means I can't get another mortgage to buy another property, which ultimately I do want to do. Basically I'll be stuck with renting for some considerable time. :(

I'm paying a fortune in CSA (20% of nett) for my two children and like yourself I'm also running another home. I'm unable to pay the mortgage on the FMH even if I wanted to, I simply don't have the funds. I've told my xw2b that I won't be contributing to the mortgage in any way even though I'm liable.

My situation isn't yet resolved, its going to get 'fun' in the coming months no doubt.

Hope that helps a little.

Best Regards,
Shepherd.

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