A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Lines open: Monday to Friday 9am-5pm
Call for FREE expert advice & service info


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.


Mortgage Repayments - Sale of House

  • CarolB_1958
  • CarolB_1958's Avatar Posted by
  • Senior Member
  • Senior Member
More
08 Jul 12 #341943 by CarolB_1958
Topic started by CarolB_1958
Any help and support is much appreciated.

Last Feb my Husband decided he didnt want to be with me anymore. He moved out in July, only to move back into the spare room in December.

Last Tuesday he went off over nothing, after a couple of hours told me the house had to be sold, if before end of month would accept £150,000. After that he was paying nothing into it. He hasn''t spoke to either myself or our daughter since!

I would be grateful for advice on where I stand with regard to the mortgage if he stops paying his half and the house does not sell.

House, new build, bought June 2010 for £200,00
Two Mortgages 1)£47,000 2)£55,000 outstading as at 2 months ago
Paying £301 & £400 in mortgage payments
Married in 1981
Lived together for 2 years before that.
One 16 year old daughter, staying on at sixth form
Daughter I hope will spend 1-2 nights per week with her father
Nett Earnings - me £1200
- him £1700
Savings - Me ISA approx £1100.00
- Him Premium Bonds approx £3500
Credit Cards - me £400
Pensions - He has a goverment pension and I have a couple of small work pensions not sure what any of them are worth.

We currently split all other household bills 50/50 approx £250 each per month.

I need to get as much as possible for the house to enable me to buy another one for my daughter and I.

Thank you
Carol

  • LittleMrMike
  • LittleMrMike's Avatar
  • Platinum Member
  • Platinum Member
More
08 Jul 12 #341958 by LittleMrMike
Reply from LittleMrMike
Carol,

Someone needs to talk to your husband and tell him straight that he cannot expect to occupy a house and pay nothing towards the expenses of running it.
Somebody also needs to tell him that repossession is something which you both want to avoid. This is not a time for playing silly games.
Neither of you has an enormous income. If you split up he would have to pay you child maintenance, presumably at 15% of new income, adjusted for overnight stays and the usual. I think his income is too low for spousal maintenance, except at a very nominal level.
My advice to you is that you should look at the situation regarding benefits if he leaves and you find yourself on your own - especially tax credits.
How do you feel about selling ? Would you oppose it in principle ? It''s always hard to advise, not knowing where you live and what your share would buy you. Might it be better to defer a sale until your daughter finished her education ? But could you pay the mortgage on your own ? This is why tax credits matter. It might be possible for you to negotiate reduced payments for a shortish period given that there is plenty of equity.
I would expect your share of the equity to be about 55-60% because of his higher income, and it might be worth your while looking at something called part buy part rent.
All these are options and maybe you''d like a think about them.
LMM

  • Margot123
  • Margot123's Avatar
  • Premium Member
  • Premium Member
More
08 Jul 12 #341960 by Margot123
Reply from Margot123
Hello Carol,

Sorry you are in this awful situation after so many years of communal life....

Is there any way that you could buy him out? Depending on how long your existing mortgages are for, maybe extending to the maximum of years possible (i.e. 25 yrs) and a short term fixed rate (2 to 3 years max) could be a possibility?

If your daughter is still in FT education I can only guess that you should get some maintenance from your ex.

Sorry I can''t help no more :(but I am sure plenty will :)

Good luck and take care

Cx

  • CarolB_1958
  • CarolB_1958's Avatar Posted by
  • Senior Member
  • Senior Member
More
08 Jul 12 #341978 by CarolB_1958
Reply from CarolB_1958
Thanks LittleMrMike

If he stops paying the mortgage then I expect him to move out.

I would happily sell but need to get as much money from the sale as possible. The mortgage provider has said that if we both agree we could each take on one of the existing mortgages, assuming I take the £47,000 to buy a terraced or small semi I would need at least £45,000 from sale of house.

I didnt expect to get spousal maintenance but did child maintenance. I will apply for tax credits.

Hi Catherine

thanks for your reply.

No I couldnt afford to buy him out, and as I am 53 would not be able to extend the mortgage by much if anything.

Thanks again both

  • CarolB_1958
  • CarolB_1958's Avatar Posted by
  • Senior Member
  • Senior Member
More
13 Jul 12 #342869 by CarolB_1958
Reply from CarolB_1958
HELP ARGHHHHHHHHHHHHHH

Had the house valued Tuesday, he was not around. Chose an Estate Agent who impressed me last year when I first got valuations. House to be put on the market for £200,000. I signed the paperwork but needed his signature.

He returned yesterday and started moaning to our daughter (I was at work), about wants it on the market for 210,000. Estate came to see him and he signed the paperwork - didnt discuss increasing the marketing value.

I get in and he was in his room, according to daughter still not happy. Came down and stated he was not paying up front to sell (£175 +VAT) not happy at paying around £6000 if house sells. Told it that he would still get more than if sold for £150,000 - he never intended to sell at that price - NOT what he was saying last week.

Told him to ring agents - he won''t. Told him to find an agent he wont''s to sell with - he won''t. If I am not happy with the situation - which I am not - I should move out NOT going to happen.

So any advice / support much appreciated. If I pay the up front fee could this be taken into account when we divorce. I have contacted solicitors for an initial appointment. AS he has signed the paperwork can he now stop it selling and him being liable for at least half the costs?

Feeling really really low today. My daughter doesnt help - she is very opinionated and thinks I do not appreciate how difficult it is for her. I do know that but am trying to get legal advice before I do something which is not in my best interest or is illegal.

Thanking you in anticipation.
Carol

  • LittleMrMike
  • LittleMrMike's Avatar
  • Platinum Member
  • Platinum Member
More
13 Jul 12 #342871 by LittleMrMike
Reply from LittleMrMike
You do not say so, but I assume the family home is in joint names.

I am sorry, Carol, but posting on this site for over five years teaches you one thing.

In this kind of situation, there are some people - I suspect a minority, but that''s of no consolation or help to you - who have turned buggeration and playing ducks and drakes into an art form.

If the property is in joint names, as I suspect it is, both of you must concur in a sale. Both of you must sign the contract. It only takes one to screw up the whole works.

Yes, there are ways of forcing a sale. You can divorce him and what happens to the house is dealt with as part of that process. The Court can - if it has to because the parties can''t agree - make specific Directions about which agents are to be used, what the asking price is to be, at what level an offer must be accepted, etc etc etc - because if you can''t agree - and as I said, it only takes one to screw up the works - then the Court must decide for you.

There is another way, under the Trusts of Land and Appointment of Trustees Act 1996, whereby you may be able to force a sale without divorcing. I suspect your lawyer may not recommend this. But in the final analysis, it''s your life - not mine or his.

I doubt very much whether a solicitor will tell you anything different and the question for you is what you do about it.


Sorrreeeeeeeeeeee !!!!!!!

LMM

  • CarolB_1958
  • CarolB_1958's Avatar Posted by
  • Senior Member
  • Senior Member
More
13 Jul 12 #343046 by CarolB_1958
Reply from CarolB_1958
Thanks LMM for the reply.

The house is in joint names. He has signed the estate agents paperwork.

The agent rang me today and I explained to her what he said and she told me that as he has signed he cannot now stop the house going on the market - he has a contract with them. She stated he could ask for a multi agent agreement and could put it on the market for £210,000.

I do not want to continue with things the way they are so am thinking I should pay the up front costs and get on with the sale. £210 is not that much when all said and done.

FOr my sanity I think the house needs to go.

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11