Currently divorcing my husband as he had numerous sex chats and affairs
Anyway I had a flat in London, he went on mortgage 2 months after we married and I got pregnant (he had bad credit history and I wanted to move out to country)
Put down £100,000 on this house (paid 200k so mortgage of just 100k)
I kicked him out he is renting elsewhere. He wants me to sell the 4 bed house and wants half equity (house now worth 250k so 150k profit)
I have a 3 and 6 month old. It would cost me over 2k a month for childcare so can''t afford to go back to work til they are at least at school (1 of them)
He is now not paying mortgage. My solicitor has told him we are getting non molestation order due to DV and is he not going to pay?
My question is will I have to sell the house!? I don''t want to and I certainly don''t want him having half!!
Length of marriage - 5 years
His salary £30k
Her old salary £52k but now benefits total £9k
I have pension he doesn''t
He says he is not paying the joint credit card of £4k which was used to buy family car that I use
He has children every other weekend but not overnight as he smokes weed
He moved into my London flat with me but only paid £300 a month rent money towards my £1200 a month mortgage
I have bank statements to show this AND I gave him a £5k loan
He didn''t put a penny towards this house and has paid the mortgage and bills for the last two years as I have been having the children
In essence he has paid £13k in mortgage payments and wants me to sell so he can get £75k!!!
Short marriage two very small children, you very low income him ok ish but much higher than yours, his housing needs met.
Needs case - kids housing needs paramount.
Solicitors often suggest in your situation you pay some go away money, i like to think of it as bog off money, if this goes to court he has no chance what so ever of having the house sold or getting half the equity.
It is possible he would get a mesher order where by he would hold a charge to be realised when the kids are all grown up, even if he does i would think it would be a small % of equity.
My gut feeling is he will get nothing or close to nothing.