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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.

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.


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Where do I stand?

  • AndyHenley85
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25 May 12 #332992 by AndyHenley85
Topic started by AndyHenley85
Hi All, I hope you can shed some light on my situation.

Let me give you some background

Apr 10 - Girlfriend fell pregnant
June 10 - Got engaged
October 10 - Got mortgage IN MY NAME ONLY
Jan 11 - Son born
June 11 - Got married
May 12 - Marriage at breaking point!

That''s where I am now, just had a huge row with my wife again and it''s not in a good way and she doesn''t seem bothered to sort this out. She''s threatening to take everything from me! my main question is regarding the house.

The mortgage is in my name only and she doesn''t pay a penny towards it or the bills - she never has.

I said to her that if we split and she doesn''t move out then we''ll have to sell up - as she only works part time and can hardly afford to get by as is! there''s no way she would be able to pay the mortgage. She turned around and told me she isn''t going anywhere, that i''d have to move out and have to continue to pay everything - is this correct???

Does she have a right to stay in the property and kick me out? - I don''t want to lose the property as my whole saving went into buying it! I dont want to continue paying for something when Im not there and I wouldn''t be able to afford somewhere else with these outgoings!

Any help will be much appreciated!

Thanks

Andy

  • LittleMrMike
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26 May 12 #333067 by LittleMrMike
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She turned around and told me she isn''t going anywhere, that i''d have to move out and have to continue to pay everything - is this correct???

Only to some extent. It is a definite possibility that she may be allowed to remain in the house but she would have to pay all the expenses, with the aid of benefits, and whatever resources she may have, Those resources would include spousal maintenance if awarded and child support which is more or less unavoidable.

However, you have to live too, and you must always be left with enough to secure accommodation on your own account. If there is not enough to support two houses she will have to rent and rely on benefits to make up the difference between what she needs and what she has.

The fact that your marriage is so short would be against her but unfortunately the needs of your child will always take priority.

You may be interested in a paper I wrote for wiki which was intended to be helpful. I have attached a copy of it.

LMM

Attachment Housing_wiki_options-b8469d8f2e9c1ab796a2913be9f819d6.doc not found

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28 May 12 #333388 by cookie2
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AndyHenley85 wrote:

I said to her that if we split and she doesn''t move out then we''ll have to sell up

Well, her answer to that could (and should) be, "no".

Does she have a right to stay in the property and kick me out?

In the short term, yes she does have a right to stay, and no she does not have a right to kick you out. It is irrelevant whose name the house is in, it is a marital home and that gives both of you the right to live there.

Unfortunately in the longer term is it pretty unlikely you''ll get to keep it, but it all depends on the figures. Having a child changes everything. You cannot keep the house and kick them out into rented accommodation, this is simply never going to happen. To further advise we would need more info:

1. Your respective ages
2. Your respective incomes including any benefits
3. Your respective pensions
4. Value of the house and amount of mortgage outstanding
5. Any other assets such as shares, savings cars etc
6. Any liabilities and debts, credit cards, loans etc

  • hawaythelads
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28 May 12 #333394 by hawaythelads
Reply from hawaythelads
Personally,
In hindsight I would Petition her for divorce anyway if you feel the marriage has broken down.You will have to have been married a year.
No matter how bad the financial outcome is now.You''ll find it will only get worse for you the longer you stay together.
All the best
Pete

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