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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.

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Who pays the mortgage if no one lives at the FMH?

  • HereForHelp123
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10 Jul 20 #513227 by HereForHelp123
Topic started by HereForHelp123
Hello

The FMH is to be sold, final hearing to decide the split etc.

However, my question.

My ex lives with a new partner. I live in the FMH with my new partner but due to the house selling, we will be moving out into rented. (obviously)
We can't obviously wait until the house sells to move or we run the risk of being homeless. If we move following the final hearing but before the house sells or even has an offer who pays the mortgage?

I currently am, but as the lower-earning between me and my ex wife her-£1500 me-£831.
(her partner's earnings are unknown and my partner is a stay at home mum but claims UC of just over £600)
If we move there is no way I can obviously afford the mortgage and rent at my new home even with my partner's UC.

So who pays?
Is this something I should bring up at the final hearing?

My ex-wife's outgoings on the from E from 2019 are personal, hobbies, holidays and shopping only. She declared she paid nothing when living with her parents and I would assume the same is now she lives with the new partner because she has a lot of hobbies expenses. Each to their own but I don't want to be stuck paying the whole mortgage when I can't.


I would like to suggest if I no longer live in the property we each pay half? Does this seem fair? I have obviously paid solely fro the mortgage since the spilt in early 2017 as I lived there. (also paid solely for the mortgage and bills during the marriage too)

  • solvethis84
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10 Jul 20 - 10 Jul 20 #513230 by solvethis84
Reply from solvethis84
Why would you move to rented far ahead of your house selling?

You could wait until you've agreed an offer. This will be your earliest indication of when you will need to move. At this point you can start looking at rented places seriously.

When you are ready to exchange, this is your time to sign the contract on the rented and make sure it is available to move in by before completition.

The issue of her being able to afford to contribute to the mortgage in the meantime is a separate one. If she hasn't been contributing thus far, I doubt she would start doing so now by consent.
Last edit: 10 Jul 20 by solvethis84.

  • HereForHelp123
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10 Jul 20 #513231 by HereForHelp123
Reply from HereForHelp123
Hello,

Thanks for the reply.

My partner and I and our infant have particular housing needs that not all rented accommodation will offer and we aren't guaranteed to be accepted as the rental market is very busy right now. Finding a suitable property would be difficult. There has only been 2 advertised in a 60mile radius of my work in the last 6 months.

I can not risk my family being homeless and waiting for an offer of sale and not having a home lined up.

Furthermore, I am high risk for COVID-19 and estate agents have already told me this poses risks for viewings and it would be better if we vacated the property while on the market if we could.

There would be no way I could wait until an offer and hope and pray to find a home for my family.

I can't see why I should be left to pay 100% of the mortgage when I no longer live at the property and my ex is living a lavish lifestyle according to her from E.

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10 Jul 20 #513232 by HereForHelp123
Reply from HereForHelp123
Despite her being the higher-earning and having only hobbies/leisure outgoings I don't expect her to pay the whole mortgage when I am not living there while on the market.

I would like to think a judge would agree we should each pay half if neither of us is living at the property?

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