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What are we each entitled to in our divorce settlement?

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moved out, wife pay mortgage and now says cant,

  • wraith
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01 Jul 12 #340213 by wraith
Topic started by wraith
have started divorce proceedings and moved out under the agreement with ex wife that she would pay the house bills. I have moved out sept last year and am now paying bills on that flat. we share 50% residency with the kids and provide individually and separately for them. she has not found a job since being forced from her last one and she says has started to run out of money. the house is in joint names and so is the mortgage. I cant afford to pay both rental and mortgage AND the debts that were accrued in the marriage so far. I pay my flat bills and the debts. nisi decreed but not the absolute. I have told her this but she is not communicating as to the action that is being taken, and I would be grateful if someone could tell me what possibly might happen and my options. she wanted me out of the house, I stayed on the couch for 2 years and then left renting this place, kitting it out mostly from scratch for me and the kids, I have 3.

  • LittleMrMike
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01 Jul 12 #340236 by LittleMrMike
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Not easy. You are still the owner of the former marital home and liable on the mortgage. You could potentially be sued if she defaults.

If she has the benefit of occupation she should pay the bills with the aid of such resources as she has or might acquire. You should make sure you take steps to make sure that your name is removed from utility bills.

Id she has lost her job she should be entitled to social security benefits and these can include help with the mortgage and with the Council tax. So she should at least investigate that.

It could perhaps be that there is no enough money between the two of you to run two homes. In such circumstances it may be that renting for her is the better option, perhaps the only one, as she could at least get housing benefit for that.

You should not, and normally will not be. ordered to pay the mortgage on the FMH if you do not live there. You have to pay child support and you may be asked to pay spousal maintenance, though in a low income case I doubt it. So it could be that, at the end of the day, she will have no option but to rent, like you.

LMM

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01 Jul 12 #340437 by wraith
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the problem is that for months she has been living off her savings and has not made, as far as I see it, any effort to really find employment. it has now come to this when she has said that there is no money to pay the mortgage as if I will jump in and say "I will save you".

what makes it even worse is that she will not hear of selling the house because of the issues with paying the mortage. it drives me round the bend as she seems to be sticking her head in the sand. I told her months ago that she had to think hard about this and she ignored it.

I must admit I am a little worried by this all.

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02 Jul 12 #340461 by cookie2
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Do you have a Consent Order? If not you really need to get one. If she is refusing to negotiate terms then you should apply to court.

  • thescientist
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02 Jul 12 #340467 by thescientist
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Sued? I dont think you will be sued. The worst that will happen is that the bank will forclose on the mortgage, sell the property to recoup the debt, and you may get some extra cash left over, after paying bank costs, and depending on how much mortgage you have already paid off. The bank should probably sell the house at least at market value, although they might sell for less to get their money back quickly. The other problem is you may also get a bad credit rating. A lot of indeterminate things there, but I would suggest you first and foremost talk to your bank, so they know whats going on.

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