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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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house about to be reposessed

  • curly
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26 Feb 08 #15082 by curly
Topic started by curly
I left family home 18mths ago and have rented since then at cost of £600 per month, I continued to pay extension loan for family haouse at £600 per month. Ex paid mortgage. In Aug 07 I had to leave rented house & asked ex could I move back into house (he was only there part time as spending half the week at new girlfriends) he agreed.The house & garden were a mess, heating didnt work etc (it was up for sale)I had to spend money to make it livable in. I(via email) sent him a list of all repairs thet needed doing & that the only way I could afford them (& mortgage&extension loan)were to change mortgage to interest only- he refused to sign form & told me I should move out & he would move back in. I did move out-rented a flat-he hasnt moved back in&only paid half the mortgage since Oct 07. He then sent me a text saying that if I signed to change mortgage to interest only he would pay all mortgage!! I have done as its in my interest to have mortg paid. He hasnt paid full amount & building society start reposession on 23 march. As I dont want this I told him I would move back to house and take over all mortgage- he replied by ringing building sociey & withdrawing his consent for interest only therefore making mortgage payments £1000 per month which I cant afford (with extension loan)- so I havnt moved(am tied to flat til April 1st anyway). We had offer on house Jan 07 for £300,000 but he said no (I said yes)-it was up for £349,000. Since then the price has been reduced to £299,000. We have had offers of £240,000, £260,000, £265,000 this last week but he has said no!I've said yes to all- I have struggled to pay rent/loan etc for 18mths now. He lives with new partner, I live alone, we both have salaries (im guessing about the same-he has a new job so unsure) he also receives £800 per month pension. He is demanding that when the house sells (the motgage is for £134,000) he wants £70,000 to come out of equity to pay his visa debts! I didnt know anything about them as we had sep bank accounts- I have a loan in just my name for house extension of £30,000- without this the house would not be worth as much.
He appears to be burying his head in the sand- driving around in a mercedes, still member of golf clubs- regular holidays etc
Sorry this is so long but I dont know what to do. I do have a solicitor but so much time and money has been wasted on agreements with him that he changes his mind on last minute. I am now applying for ancilliary relief but with 23 march looming i dont know what to do

  • dukey
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26 Feb 08 #15083 by dukey
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Hello Curly
You must be so stressed at the moment hopefully some of the expert boarders will help soon but for now its just me.
make an appiontment at the cab and take the paperwork, do you know what the areas are in total, also are they begining reposesstion in March or takeing the house? if its the begining it can take a year or so so breathe deeply do you have children? it would help your case.
I assume you have asked the morgage lender for some more time? sorry for all the questions but the answers will help others to help you.
dukey

  • Specialdad
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26 Feb 08 #15100 by Specialdad
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Try mediation if you can to sort out assets and liabilities.

Start at 50/50 then based on kids and other matters you reach an agreement for a Clean Break.

Dont sign anything without legal advice.

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26 Feb 08 #15116 by curly
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thanks for replying- arrears will be almost £3000 on the 23 March-that will be the date it is referred to solicitors-so it's the beginning. Mortgage lender completely unhelpful- I've rung many times and written to them. I have a 12 yr old son but he spends 4 nights a wk with his father

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26 Feb 08 #15117 by curly
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Thanks for replying but it's beyond mediation- I had to involve police last time we met. He cannot even be civil on phone but resorts to screaming- we've made lots of agreements through solicitors but then he writes to say he's changed his mind

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28 Feb 08 #15302 by dukey
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Hi curly

if march 23rd is the starting piont you could have upto a year before any action is taken, a court order is needed to take your house this wont be issued unless your houseing needs are provided for (pheeeew)

dukey

  • 80SGIRLWOKEUP
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28 Feb 08 #15307 by 80SGIRLWOKEUP
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hi curly
i think you should contact the national debt line its a charity set up by the government to help people in debt.
Ask them to approach your mortgage lender, and ask does your lender have a policy to deal with situations like yours were parties to mortgage are in dispute, divorce situation. Some lenders allow holiday periods where they can freeze the interest.
I think you should also move back into the house as soon as possible! like this weekend.
Cancel your lease on rented property and dont sign new lease.
Try womens aid for advice they are very good, with legal and financial advice they have an excellent web-site which will help.
Please ring the national debt line or CAB they are very good your shouldnt have to deal with this on your own.
Dont give up
80s

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