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.

Do I have to sell

  • sammie
  • sammie's Avatar Posted by
  • Junior Member
  • Junior Member
04 Nov 07 #5878 by sammie
Topic started by sammie
My wife has left the family home after having two affairs for last 3 years. We have a 12 year old daughter and have agreed 50/50 custody. One week with myself and one week with my ex. Her job have given her a house which she pays minimal rent of £300. I pay the full mortgage of £1400. No financial contribution is made by my ex towards the mortgage or running of the family home conversely I pay nothing towards her house. We both earn the same and have similar pensions so house is only asset to share. It is important to myself to maintain the family home for my daughter to give her stability and keep her contact with her best friends who live nextdoor. When do I have to sell? Can I be forced to sell? Is it tough that I pay the mortgage on my own on a jointly owned house or do they have some liability? I considered asking for the mortage and her rent to be added together and then halved? Is this fair or does that not come into it? Help I have no idea and really scared about losing the home.

  • DownButNotOut
  • DownButNotOut's Avatar
  • Visitor
  • Visitor
05 Nov 07 #5902 by DownButNotOut
Reply from DownButNotOut

In many ways your case is straightforward.

Similar earnings plus shared child care points firmly towards a 50:50 split of assets, with no maintenance or child support necessary.

(note the child support issue is not so cut and dried as CSA find it hard to accept that child care is truly split 50:50 and child benefits can only be paid to one parent)

I think a court would be concerned that the house (and therefore the cheap rent) is dependent on wife's current job and she could lose it at some point.

You need to negotiate an agreement with your wife.

One possibility is that she agrees to put a charge on the house (registering her 50% interest in it) but agrees not to sell it until...
1) Child is 18
2) One of you remarries
3) She loses job/house and needs the money for new place

As to the rent vs mortage cost issue...thats a tricky one. A solution may be to agree that you are registered as the parent with care (even though you share care 50:50). This would mean you would be paid the child benefit and child tax credits - this might just about even things up.

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11