Mortgage Payments After Separation And A Bit More Legal Stuff

[Imbera27]

Me and my husband separated he walked out and I'm left paying the mortgage (800) he isn't paying maintenance either. Although the mortgage is a joint mortgage I have always paid it out of my account will be looked at in my favour ??

[woofgang]

not possible to say. your husband may have contributed to the family finance in other ways.

[Imbera27]

Hi yes I paid all bills out of my monthly wage and his weekly wage paid for fuel childcare and food xx general weekly costs

[woofgang]

then the split won't be as simple as "you paid for the house you get the house" try and do things through mediation rather than a solicitor if you can, it will be cheaper.

[woofgang]

are there children?

[Imbera27]

Yes we have a 8 yr old daughter. I don't want to see him with nothing but just wondered if I was entitled to more equity than him currently £60k he wants £30k but have offered £20 k

[woofgang]

you need legal advice, especially with a child involved.

[hc4361]

I am assuming his name is also on the title deeds. If so then he is as much the owner of the property as you are regardless of who pays the mortgage.

As you are married you probably own the house as 'joint tenants'. This means that both of you are considered as one entity and each own the whole (as opposed to tenants in common in which you each own a specific share of the property). When one of you dies the other automatically becomes the sole owner - you cannot leave your share to anyone else.

If the house is too big for the needs of you and your daughter and it has a lot of equity, your husband could get an order for sale and division. This means you would have to sell the house and give him some of the equity so that he can buy his own home and you can buy a smaller home.

This could be postponed until your daughter is 18, if the courts decide she should stay in that house.

The short answer is, no, you won't be looked on favourably because you have always paid the mortgage.

[hc4361]

I didn't see your last post. If you can work it out between you rather than getting the courts and lawyers involved, so much the better.

Is he proposing the house be sold?

[Imbera27]

No he's asking for £30k which is half of the equity to walk away but the mortgage is £880 a month which I am paying I wanted to deduct half of that from his settlement as he's not contributing x

[bednobs]

well, as you now have sole occupation, it seems right to me that you pay. previously you were sharing a house, and now you have a whole house to yourself. How long is left on the mortgage? will you have to sell to release the equity? If you will not have to sell, if you give him half the equity now, there will most likely be more equity by the time comes you will have to sell, which you will keep all yourself.
You do, however have to get maintenance sorted ASAP as a separate issue

[Imbera27]

I have sold some land so can pay him off outright but seeing as it is a joint mortgage I was advised he was legally obliged to pay

[bednobs]

not true- the mortgage has to be paid of course, but if you defaulted, they wouldn't go after him for half and you for half - they would just go after whoever was easiest!
if you are paying him off, he needs to come off the mortgage though - will you be able to re-mortgage on your own?

[bednobs]

ps, if you are thinking of "his half of the house" and "my half" be aware that as you are now living in his half, he might ask you for rent!

[hc4361]

Offer him £25k but be prepared to settle at £30k is my honest advice. Get it over and done with then make sure you get proper maintenance for your daughter.

[Imbera27]

He can jog on if he charges rent not even paying maintenance

[hc4361]

He may not be contributing to the mortgage but neither is he living in the house. As I said earlier, he could apply to the court for an order of sale and division of assets, expensive for both of you.

Pay him off, then chase maintenance

[Imbera27]

If I pay him off do I have yo get it agreed by a solicitor/judge as filed for divorce as well on grounds of unreasonable behaviour

[hc4361]

Is there any mortgage on this property?

[Imbera27]

Yes there is

[hc4361]

Before you pay him off you need to be absolutely certain that the mortgage company is happy for you to take over the mortgage in your own name. Have you checked that out?