Divorce - house ownership problem.

[gleaveyweave]

Hi everyone.
I am currently trying to sort out finances in order to complete my divorce (I have a decree nisi). My problem is, the house that I live in. It is the "former matrimonial home" and my husband has been gone for a year now. I was hoping to get the house signed over to me (my ex is agreeable to this) but the mortgage is in joint names and the lender will not allow me to own the house and my husband to own the mortgage (he has been paying it since we split, we have two young children). I do not work and so cannot pay it myself and selling is not an option as there is very little equity in the house and obviously, my children need to keep a roof over their heads. hHas anyone else been in this situation and what on earth did you do?? Any advice would be greatly appreciated.

[Ethel]

There is no way a mortgage lender will allow you to be the sole name on the Registered Title and not be on the mortgage.

If your ex defaulted and they needed to repossess, it would be impossible with you as the owner.

If your ex is going to continue to pay the mortgage, leave things as they are. When the children are much older you can sell the house and divide the equity fairly between you.

[gleaveyweave]

Thanks ethel, it seems that is my only option. Trouble is, does that mean he can come and go from the house as he pleases? He doesn't do this at present but he insists on staying in the house when he visit's the children because he can't be bothered to take them out. I assume that I will have to put up with this indefinatley (sp) now? I can't leave him in the house with them as he can't be trusted. Seems like I - the one who was wronged - get the crap deal : (

[sara3]

you really need some good legal advice, and you can get that for free from the CAB or other welfare advisory body.

but I would suggest he writes a will, leaving the house to you.

best of luck.

[Ethel]

If he can't be trusted, surely it is better he stays in the house with the children when he sees them - or have I got the wrong end of the stick?

He is not entitled to come and go as he pleases, make sure you set proper times for him to visit.

You may think you have a crap deal, but he is paying the mortgage on a house he can't live in.

Your other alternative is to move out. As you have children the council will class you as a priority. Depending where you live it could be uncomfortable for a while.

[cazzz1975]

in fairness gleavey, you are living in a house without having to pay any mortgage. I think you have a pretty good deal as it is...

if you go the council route you are likely to end up is a grotty flat as the amount of available housing is drastically low. there are families of five and 6 who are living in cramped conditions waiting 6 years for a move.

[gleaveyweave]

Thanks for all your answers.
When I said he couldn't be trusted - I ment that he snoops around the house, so I have to stay!
Maybe I should be grateful that we still have a roof over our heads - I do understand where you are all coming from. I was just hoping to have some stability - he could walk out on his job at any time and leave us in the poo.
Thanks again all x

[gleaveyweave]

*meant

[McNoodle]

Like cazzz says...

[Ethel]

Cazz - she's not living in the house out of the goodness of her ex's heart.

She is there because they have to provide for the children and they have to live somewhere.

If the children were living with dad, gleavey would be out on her ear.

[gleaveyweave]

How right you are Ethel!