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What are we each entitled to in our divorce settlement?

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ex isnt paying the mortgage

  • mrs whiskerson
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28 Jan 08 #12207 by mrs whiskerson
Topic started by mrs whiskerson
Hello
I will try and keep this as short as possible!. Me and ex (not married) bought our council house almost 3 years ago (There was only my name on the rent book when it was rented for almost 10 years) Our relationship broke down quite some time ago, I asked him to leave as the atmosphere was unbearable for all of us (we have 2 children - 11 year old ours, 14 year old mine, but he has brought up since aged 2)He wouldnt leave, so me and the children moved into private rented last October. On receiving the statment from mortgage company I see he hasnt paid the the last 2 months. Not sure what I can do. I have a solicitors appt next week, but just hoped I could get some info sooner! He is quite unreasonable so discussing is not an option. I am really worried about my credit. Both names are on the mortgage. Am I entitled to put the house on the market?? I hope this isnt too confusing, any info would be greatly appreciated.
Thanks in advance

  • wikivorce team
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03 Feb 08 #12700 by wikivorce team
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mrs whiskerson,

It is not uncommon for this to happen.

Contractually you are both liable for the payments...so it hurts you both (in credit history terms) if payments are missed...and it hurts you both if the worst happens and the house is repossessed.

SO you do need to co-operate and find a solution.

You could try to buy some time by speaking to the building society and explaining u are going through a separation and asking for:
- a mortgage holiday (3 mths without having to make a payment)
- to change the mortgage to interest only (this will save approx 25% each month)

You cannot sell the house without his signature. Unless at a later stage the house is awarded to you as part of the ancillary relief settlement.

What you can do immediately is to apply for interim maintenance from the court. This is an order for him to pay you maintenance whilst the ancillary relief proceedings are in progress.

  • curly
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06 Feb 08 #13059 by curly
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My ex has only paid half the mortgage for 3 mths now- I left the house almost 2 yrs ago and pay rent for a flat plus £600 per mth for an extension loan on the house so cannot poss pay towards mortgage- the building society have refused a mortgage holiday but will change it over to interest only but i've a feeling he'll only pay half of that!! Im struggling financially at the moment so ancillary relief is too expensive. The house has been up for sale for 18mths but ex has rejected offer saying it was too low. He is also demanding that when it is sold that his private (his name only I knew nothing about them) visa debts ammounting to £70,000 (!!!!) be paid from the equity...we were together 15yrs and have a 12 yr old son who spends 4 nights with him a week- he already receives a pension (about £800 per mth) plus a salary, not sure what of but certainly 25,000 or more. Solicitors letters seem to go back and forth for last 18mths with no outcomes and more bills. He lives with his new partner, I live alone.

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07 Feb 08 #13156 by curly
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curly wrote:

My ex has only paid half the mortgage for 3 mths now- I left the house almost 2 yrs ago and pay rent for a flat plus £600 per mth for an extension loan on the house so cannot poss pay towards mortgage- the building society have refused a mortgage holiday but will change it over to interest only but i've a feeling he'll only pay half of that!! Im struggling financially at the moment so ancillary relief is too expensive. The house has been up for sale for 18mths but ex has rejected offer saying it was too low. He is also demanding that when it is sold that his private (his name only I knew nothing about them) visa debts ammounting to £70,000 (!!!!) be paid from the equity...we were together 15yrs and have a 12 yr old son who spends 4 nights with him a week- he already receives a pension (about £800 per mth) plus a salary, not sure what of but certainly 25,000 or more. Solicitors letters seem to go back and forth for last 18mths with no outcomes and more bills. He lives with his new partner, I live alone.

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