Housing options following separation

Little Mr Mike can you advise please. I split from my husband Nov 2007. Our business collapsed as a result and he abandoned all his business and personal responsibilities. He has not paid any joint or personal debts since leaving and I believe that he has run up further debts with his now partner.

At the time he left there was a mortgage and a secured loan on the property. The secured loan of £16k - £10k was taken out for a motorbike for him. He sold this and paid me back £2k but I have not had any further payments.

Due to arrears I was taken to court by both lenders for repossesion - I managed to hang on to the house, get back to work and have cleared the arrears and maintained the payments for the last two years.

On doing this there is now around £20k equity in the house.

Im now wanting to get divorced - because I can finally afford it. However I cannot remortgage because of my adverse credit history and also my husband wants a settlement.

How do I stand in this situation?

Jan

Not easy. First impression is that there is not very much in the way of equity and it would be all too easy for legal costs to absorb a slice of what equity there is.

A few questions :

1. May I assume there are no dependent children ?
2. Have there ever been any ?
3. Where does your husband live now ? With the new partner ?
4. Does he work ? Does she ? What do you know about their financial circumstances ?
5. Do you yourself work ? What is your net income ?

If you want to keep this confidential by all means send me a PM.

Mike

Thanks - have sent you a pm Mike.

Jan

Hello LittleMrMike,

I read your post with interest as it''s the only one that has touched on my query.

A friend of mine lives as a secured tenant in a housing association flat. The tenancy is solely in his name. His ex-wife lived with him in the property while they were divorcing but they are now fully divorced.

His ex-wife is filing for ancilliary relief and wants the tenancy transferred to her name. They have no children, no pensions, no money to divide - they only possess debts which have been wracked up during a year long divorce process.

Both parties are working earning less than average wages and both would struggle to rent privately, although it could be done if they house share - a prospect which neither of them is relishing after living together in their own flat.

I would like to know whether the ex is still entitled to live in the flat until the final hearing or can my friend ask her to leave the property until all is cleared up by a judge? If she hadn''t filed for ancilliary relief, he would only have to give her a month''s notice to leave the property according to the tenancy agreement. Does this still apply even though a court case for residence is pending?

Your article touches on rented properties but just stops short of answering my question. I sincerely hope you can help - for my friend''s sake as he''s slowly sinking into a deep depression and I''m trying to do some legwork for him.

Hi LittleMrMike,
Thanks for the info.

I''m really new to this, so read with interest

Question ...If you do have to end up getting a court order to force sale of the FMH, can you do this before you are actually divorced (just separated) or do you have to wait for the divorce?

Thanks again ...Suze x

Dottylottie

As you may know I''m in the USA nursing my sick wife.

I got an internet connection today - WHOOPPEE - which means I can post. That explains the delay in reply.

In strict law, your friend is entitled to live in the house as the tenancy is in his name. However, I think that any attempt to evict the ex wife will result in an application by her for the matter to be deferred until the resolution of the dispute. I think it''s likely a Court would agree, you don''t want the ex leaving and then coming back.

As regards the actual dispute, much would depend on the housing needs of the parties. The Court would have to make sure that both of you have homes. It may be that housing benefit would be available. If you live apart, your incomes would no longer be aggregated for benefit purposes

LMM.

Suze,

A Court cannot make an order until Decree Nisi.

We have had some discussion about the matter in these forums, but I think that it cannot normally become effective till after the Decree Absolute.

LMM