Hi, I''ve been married for 17 years and can''t take the passive-aggressive stuff any more. We own a property outright, no kids, but ages late 40''s and mid-50''s. I work full-time, he draws a small pension. He won''t leave the house and he would make it very awkward to separate. I earn enough to buy him out but at 48, will be facing a 15 year mortgage. We have about £85K of savings and if I bought him out, he could afford to buy a smaller property outright. Whether he could afford to run it is another matter. If he was totally unco-operative and wouldn''t leave, sign papers etc, presumably a court would need to make an order. Any advice on such a contentious situation? Thanks
You are correct. If you are married, both of you have rights to stay there and can only be forced to leave if a Court so orders, or if it makes an order which by its very nature means that one party or the other has to leave. The Court can also make an order if one party has been violent, etc but I leave it to you to judge whether this may be the case.
It looks to me as though one of you will have Petition for divorce and seek a financial order if his conduct is not serious enough to warrant exclusion.
Thanks, I think I would have to Petition. There''s no violence (physical), it''s all emotional. If I left the house which is joint ownership, left him to pay the bills and bought another house with a mortgage, how would this affect me (ie, I would still own, but if he defaulted on bills, would they chase me)? Thanks again
It would probably depend on who''s name the company would chace him, but it may still impact your credit rating by association.
You might also find that your new property would be concidered as part of the marital assets.
The problem with going down the court route is that its going to cost you both, usually between a medium and large fortune. It is much better (and cheaper) if you can come to some agreement between yourselves or via mediation
I think I would advise rather strongly against the idea of leaving a house which you jointly own and buying another - at least without knowing a great deal more about your financial situation.
You see, if you do that, then in the nature of the case your needs for housing are satisfied and it then becomes that much easier for a Court to transfer the FMH to him. If you were a party to a mortgage on that house the consequence would be that you could still be sued if he defaults. He would have to indemnify you against any such default but what you tell me suggests he may be a bad risk and the chances of the lender releasing him are slim.
But as I say, I can''t begin to comment without knowing more. I endorse what lostboy has said, namely that mediation is always to be preferred if both parties are willing to negotiate sensibly.
It looks as though if I was to instigate any split, then it would have to be by Petition. Out of interest, are there any boundaries to court costs or are we talking thousands (I know it all depends on circumstances and how time is spent, just wondered if from experience, there are typical costs?) We do own the house outright (worth about £210-230K), and I wouldn''t want him to walk away with all my years of hard labour to get us into this situation!
If you agree and use an on-line service the whole job can be done for under 2k, maybe a little more of there are transfer of equity etc to be sorted out.
In terms of costs, its the solicitors and baristers that cost the money if you choose to use them to fight your battles. There was a story of a couple who wasted a lot