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Am i tied in????

  • 2nightslol
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13 Aug 12 #349325 by 2nightslol
Topic started by 2nightslol
I am in the process of divorce. Moved out of marital home (value £97000, mortgage £48000 15 years left at £300 per month which I pay), wife of 7 years and two children (8 + 5) still there. Mortgage is in my name and wife has registered interest with land registry. Wife now has boyfriend staying over and wants to move him in. Can I force her to either take over the mortgage, sign a mesher agreement as mentioned in mediation. She has suggested that the house could be rented to her boyfriend and that used to pay off mortgage?? (I dont really want to be business partners with her?) I would like to release my share of the equity but she wont buy me out. I do not want to pay the mortgage for her, her boyfriend and struggle to pay for my own place which I am trying to save for. She works as a teacher so could get the mortgage as suggested by the mediator.
(I do not pay child maintainence but it would be 130 per month as per csa calculator)

  • LittleMrMike
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14 Aug 12 #349339 by LittleMrMike
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You can''t force her to take over the mortgage.
You can''t force her to sign a Mesher.
You can''t force her to buy you out.
You will remain liable on the mortgage until it is paid off or the lender releases you. I suppose it''s possible that the lender may accept the boyfriend as an additional borrower and release you.
But the point I''m trying to make is that you may not be able to force the issue, but a Court certainly can. Even if you reach agreement, it is considered desirable to get a Court order which incorporates the terms you have agreed ( this is a pretty straightforward process ) and the reason why this is done is, quite simply, to make it enforceable.
I can''t see you losing your interest in the family home altogether, as this happens only rarely. It is, as you probably know by now, possible that the sale could be deferred to a later date and you will not be able to realise your interest for some years. What I think is certain is that ultimately your wife will have to be responsible for the mortgage on the marital home if she wishes to continue living there. You may well be contributing indirectly to that, through the medium of maintenance, but it''s very likely that, if the wife is to continue living in the marital home, she must be able to afford it ; and if she can''t, then it''s not a viable solution and the house will probably have to be sold. But as you say, she has an income and if the boyfriend contributes as well it may well be realistic to pay you your share now and achieve closure at least on the issue of ownership and occupation of the home. But the point is, if you are to be able to enforce this, you will need a Court order ; although, as I said, it doesn''t have to be particularly complicated to get one.

  • cookie2
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14 Aug 12 #349361 by cookie2
Reply from cookie2
2nightslol wrote:

She has suggested that the house could be rented to her boyfriend and that used to pay off mortgage?? (I dont really want to be business partners with her?)

Absolutely right of you. This sounds like a way over-complicated situation. Usually the simplest solution is the best.

You need to reach a financial resolution which severs ties, not builds more. If your wife is not willing to cooperate or negotiate then you should apply to court.

  • soulruler
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14 Aug 12 #349375 by soulruler
Reply from soulruler
Bit cheaky in''it! I can''t imagine how I would feel if my spouse could afford to buy me out but then suggested I stay on the mortgage so that I couldn''t move on and that the current significant other would "kindly" pay rent - you never know they might even mean it and you would get the payment!

Sorry but it just goes to show that some of us were bought up to be seen by others to be total doormats and numpties - not that I mean for one second that I think you are just look back on 17 years of my marriage to realise I had doormat and mug tatooed across my forehead.

I believe in the institution which is marriage but can''t wait to turn my back on mine. Hope you have better luck and I agree with Mike and Cookie that you should apply into court.

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