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What are we each entitled to in our divorce settlement?

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can he just stop paying the mortgage ?

  • floswift
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15 Mar 08 #16871 by floswift
Topic started by floswift
My husband moved out in Nov and is seeing someone else. Since he left he has been paying his share of the mortgage. We are now in negotiations and are trying to reach an agreement over finances before the divorce. I want to buy him out of the FMH and initially offered him a sum which he refused. At that time I did not know about his mistress. He said there was no one else involved . I have since found out about his affair so I have retracted my offer ( he had refused it anyway) and have told him I am seeking an amount from his pension which will be offset aginst the equity in the house. We have been married ten years and have no children.
I have sent off for my CETV - he has so far refused to do so for his.
He has now come back and said he will accept my original offer - however this offer is no longer valid as I am seeking a settlement from his pension. He has refused to send of for his CETV and has said that if I don't pay him the amount that was originally offered he will stop paying his half of the mortgage. Can he do this ? He is a police officer and is duty bound to discharge his lawful debts .

  • kidsinbulgaria
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15 Mar 08 #16877 by kidsinbulgaria
Reply from kidsinbulgaria
If it is a joint mortgage then he obviously has his usual obligation to pay his share just like if there was no separation involved.

If you feel that the mortgage payment cannot be met then keeping in communication with the mortgage lender is a must. If they are aware that a separation is occuring than they are more approachable and even accept offers of lower payments. They would prefer to get something rather than nothing. They hate it when there is no communication.

I am not sure legally what you can do to make him pay, sorry.....

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