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joint mortgage

  • gray1971
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1 year 1 month ago #508491 by gray1971
joint mortgage was created by gray1971
hi, i own a house with my wife as tenants in common, there is a lot of equity in the house thats hers, however she does owe me money for a loan i took out for her which she offered me in a consent order previously, however she cancelled our existing divorce so i was advised the consent order wouldnt be court enforceable without a divorce.
since then i have filed for divorce and it is progressing, we are just waiting for the decree nisi date, i have broached a consent order with her which i am willing to pay for but, she has stated that she wont give me a penny and wants me to stay on the mortgage for the next nine years until her youngest is 18. i want to apply to the court for a finacial agreement but it would mean representing myself and that terrifies me, has anyone had a similar experience?

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  • hadenoughnow
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1 year 1 week ago #508792 by hadenoughnow
Replied by hadenoughnow on topic Re:joint mortgage
Presumably you have a deed of trust that sets out unequal shares?

If children are involved and she is not in a position to rehouse her needs would take priority, at least until they are independent.

If you want to apply for a financial settlement, you may want to talk to the helpline and consider accessing our cost effective support services for litigants in person.

Hadenoughnow

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1 year 1 week ago #508795 by gray1971
Replied by gray1971 on topic Re:joint mortgage
hi thank you for your reply.

We dont have a deed of trust although i have suggested it, currently we are tenants in common with a 50/50 split.
i understand that she would need to rehouse herself and her children and would have considerable equity from the house but she wouldnt have the ability to obtain a mortgage, would the court count it if she had to rent rather than buy a property?

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