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Separation divorce questions please help.

(5 Posts)
WorkingsingleMummy Sat 19-Nov-16 11:47:17

Hi all, seperated from my dh 4 months ago. He has some mental health issues and was EA towards me and my 3 dc (8, 6 &4). He was also very rough at times in the handling of dc and a real bully to my eldest.
Since he's left my children are different people, calmer, less moody, happier, they actually say they like home now.
It's very amicable and dh is still paying his half of mortgage, life insurance, house insurance and debts aswell as maintenance. I want to take mortgage on myself though. If we arrange among ourselves for me to pay him a sum and in return I take on debts and mortgage, when down the line we get divorced will he be entitled to half of the mortgage still even though it's now in my name?

MrsBertBibby Sat 19-Nov-16 12:04:23

The mortgage is a debt, so not something either of you are 'entitled to'. Can you explain differently what you're worried about?

Hermonie2016 Sat 19-Nov-16 16:23:57

If you agree finances without a financial consent order then there is a risk either of you can come back for an additional claim.
Until the divorce you are still married.

Examples used by solicitors are lottery wins or inheritance but of course any change in circumstances.Its a risk to do so informally.

noego Sat 19-Nov-16 16:32:39

Get legal advice. It could get shitty further down the road and anything not legally binding won't count. The house will be classed as an asset over £500 especially if there is equity in the property. Not withstanding he has legal obligations to you and DC's.

Blobby10 Mon 21-Nov-16 09:55:43

Get legal advice! And speak to your mortgage provider. After our split my Ex was/is still on the deeds and still on the mortgage. We want to transfer the house and mortgage into my name so I have to increase the equity to make the mortgage manageable on my single income then in order for them to take ex-h payment of the mortgage amount as part of my income, they need a copy of my bank statement for three months showing his payment in and the mortgage payment out.

What a waffle!! Please do get a financial consent order - costly but worth every penny.

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