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What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.


Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.


leaving matrimonial home

  • smudger
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25 Jun 08 #28768 by smudger
Topic started by smudger
Hi wonder if anyone can help me. Me and stbx are currently going through proceedings. We are both still living in the same house with which is sometimes hostile. We have 2 children living with us aswell. My stbx keeps asking me to move out pay the mortgage and rent a room somewhere which i have declined on numerous occasions as cannot afford to. She has know said that she will pay the monthly mortgage costs(mortgage is in both names) and all household bills iff i move out and rent until the whole thing is resolved i have asked her to put that in writing which she said she will. Will this effect any of my rights to 1 access to our children 2 financialy in any way and 3 is it adviseable to do this or not.
Kind regards smudger

  • dawn1
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25 Jun 08 #28776 by dawn1
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Hi, you didn't say how she was able to pay all these bills.
the main problem you have is once you move out she can then say she can't afford to pay these bills and take you to court for maintenance and there is not much you can do about it apart from pay what the court tell you, they will take into account that you are paying for renting somewhere but you will have to pay towards the mortgage and bills if the court thinks you have enough money to do so.
if however she is working with a good wage coming in then you should both agree how much maintenance you will pay for the children and possibly spousal maintenance as well and get an agreement drawn up and approved by the courts, this at least protects you from her not paying anything after a few months. they can also arrange for contact with the children, this can all be done with one court hearing if you both agree the terms etc.
hope this answers your questions.
kind regards
dawn

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25 Jun 08 #28784 by smudger
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Hi Dawn thanks for that she will not tell me how this will be paid she has just stated that she will. She works partime and i expect she will be entitled to wftc i guess im not to sure but if she draws agreement up and signs it will that be sufficient. Also if i did move out will i lose any right later on down the line re house and children.
Regards smudger

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25 Jun 08 #28788 by dawn1
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unfortunately it won't not unless it is approved by the courts and to be honest they won't go for that as she can say she was under undue stress at the time it was agreed as you were both living together, sorry.
as to the rights then it all depends on how long it takes to sort this out if you both go for a 2 or 5 year seperation and you dont pay anything towards the mortgage then the court can look at the value of the house on seperation not divorce date.
i cant answer the question regarding the children as you know your wife better that anyone and know if she will make it difficult for you to see them if she isnt getting what she wants financially.
you can however go to court to get joint custody.
kind regards
dawn

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25 Jun 08 #28789 by smudger
Reply from smudger
thanks dawn i now know what i have to do, realy appreciate the advice. THANKS

  • bertie670
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25 Jun 08 #28814 by bertie670
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Smudger

The advice I am getting is to sit tight however I am suggesting we try and sell MH as there is little equity and big mortgage which neither of us can afford alone.
I keep thinking of the old expression that possession is 9/10th s of the law.

Bert

  • balamory
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25 Jun 08 #28825 by balamory
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Hi,

I've been in a similar situation up until the weekend just gone.

My wife has now moved out of the FH and this is where i am. I've paid all mortgages and bills since we were 23 (now 39). Two children, wifes had an affair.

My solicitor told me to stay put, if she couldnt hack it let her move out.

Morally I should have gone, but why should she have her cake and eat it!

She used money that was in her name to pay for bonds and rent, including beds etc..

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