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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.


Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.


Can bank offer separate payments

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27 Jul 12 #345666 by delta123
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I am at a stage where I am considering to move out of the proberty n rent coz the negotiations are actually not negotiations I believe my ex reckons she is fixing me by refusing to talk to me about anything whatsoever is it possible to ask the bank to deal with us separately regarding mortgage payments until the house is sold all along for 2 yrs l hav paid mortgage on my own in full my ex wants house sale now n wants to b discharged from the joint mortgage now I asked for a yr n she said no housing is stagnant at the moment i want to rent now n move out but continue to pay my mortgage share n she can make her own arrangements is it possible to ask bank to arrange this can the bank do it this way am l being reasonable or reactive to this situation I want to b reasonable
thanks for your help all along in my previous questions

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27 Jul 12 #345672 by cookie2
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No. The bank holds you jointly and severally responsible for the mortgage. That does not mean you pay half each, it means you BOTH are responsible for the FULL amount. If it does not get paid then they can chase up either one of you, at their discretion. So no matter if you pay "your half" they can still chase you for the other half if they think they have a better chance of success than chasing your wife.

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27 Jul 12 #345681 by delta123
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I feel l am in prison here coz I pay the mortgage so that we can both get something out of it but the other part feels they dont hav to do anything about it n making unreasonable demands so if I leave the property why would the bank expect me to pay 100% wen on the other hand they don''t want to discharge my ex coz l am a student n can''t get a mortgage on my own but can manage payments as evidenced by two yrs of making full payments on my own what is the right thing to do stay in the property which she clearly doesn''t want coz we aren''t talking and as long as l live in the house I won''t see the kids either coz she told them they can''t go to the FMH it has to b sold first I haven''t seen my kids for two yrs it''s painful noone should hav to go thru this in this day n age what can I do if anything in these circumstances pliz?

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27 Jul 12 #345682 by delta123
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I feel l am in prison here coz I pay the mortgage so that we can both get something out of it but the other part feels they dont hav to do anything about it n making unreasonable demands so if I leave the property why would the bank expect me to pay 100% wen on the other hand they don''t want to discharge my ex coz l am a student n can''t get a mortgage on my own but can manage payments as evidenced by two yrs of making full payments on my own what is the right thing to do stay in the property which she clearly doesn''t want coz we aren''t talking and as long as l live in the house I won''t see the kids either coz she told them they can''t go to the FMH it has to b sold first I haven''t seen my kids for two yrs it''s painful noone should hav to go thru this in this day n age what can I do if anything in these circumstances pliz?

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27 Jul 12 #345686 by cookie2
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Er, sorry, I hate to be the grammar police. But could you rephrase that extremely long sentence into something a bit more readable please? It''s giving me a headache trying to figure out what your question is.

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27 Jul 12 #345691 by delta123
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Simply put what can I do until the FMH is sold I don''t have to stay there now do l the bank won''t accept my share of mortgage payments but l am not responsible for the full mortgage it''s a joint mortgage is there another way of dealing with this situation other than saying the bank will b able to pursue me even if I am making half the mortgage payments I can''t surely make full mortgage payments wen l hav my rent to pay as well hope this makes sense

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27 Jul 12 #345697 by cookie2
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OK, you''re not getting this jointly and severally thing.

you are BOTH responsible for paying ALL of the mortgage. There is no such thing as "your half" and "her half". The bank don''t give 2 short ships who pays how much as long as it all gets paid. If it does not get paid then they can choose to chase whichever of you they want to chase because you are BOTH responsible for it ALL. That is how joint mortgages work.

So who would they chase for their money? Well that probably depends on the figures. If your wife does not have any income then they wouldn''t both chasing her because she won''t be able to pay anyway, so they would chase you. If she has a good income and is living in the house then they would probably chase her. But that is totally up to them. Oh and BOTH your credit ratings would become mud.

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