Just after a little bit of advice. I'm going to see a solicitor as soon as possible but this is just playing on my mind and am looking for others experience.
I separated from my husband a few months ago, my choice to leave as I couldn't take any more of his controlling and possessive behaviour after almost 18 years of marriage. We have one son who is 16 and has autism. As I was the one to leave the marriage and am moving away, I agreed that our son could stay with his father.
Had a meeting tonight with STBXH and he informs me he's seen a solicitor and has made the following proposal.
We have approximately £80k equity in the house. He says that the courts won't force him to sell the house while he's living there with our son (fine, don't want to force him) but that I shouldn't be entitled to anything from the house. That so long as the courts deem our son to be dependent on his father they can stay in the house and I will be liable for half the mortgage, half of the loan which is secured on the house and 15% of my wages in maintenance, his calculation was over half of my take home pay.
He's proposing that I walk away from the house, take over the loan which is secured against the house which has 4 1/2 years left but pay no maintenance or anything towards the mortgage. He would then keep the house and remortgage into his name.
Is this fair? Is that really how it would work?
I should also say that I'm moving to be with my new man who I met just after I split from my husband. STBXH has said that the courts would look at my new DPs income and ability to support me when deciding how much of my wages I should be paying towards the mortgage on my old house.
I really don't want to take half of everything, but it just doesn't seem fair that I should walk away with debt while he keeps the house and the equity in it. He says he's not planning on selling and that the house will be our sons, but there's no guarantee of that. Is there some way that we can have a legally binding document to ensure the house belongs to our son? That he can't just decide to sell and keep all the equity?
I'm sorry if I come across as money grabbing, I'm really not but I have massive credit card debts that I need to sort out and was hoping to clear all my debts when we sold the house. I don't see how I can do that if I'm still paying half the mortgage. Or is my only option to walk away from the house with nothing but not pay towards the house or maintenance for our son.
Sorry that's so long.
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6 replies
SoSoHappy · 29/08/2013 12:49
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