Divorce and house help(6 Posts)
Please can anyone help, I've seen a solicitor for free 30 mind, she was helpful but the cost is too much to pay them for their help. Has anyone done divorce alone? I know what i would lile to happen but dint know if its possible and have only been reading online to get the info.
My questions are:
1, If mortgage lender will change mortgage to my name, and he agreed could I then pay him his equity when youngest leaves full time education? What if he didn't agree?
2, if I don't use solicitor I don't have access to the info but know he has savings how would this be divided and sorted?
3, how long did it take for process of divorce and where do you start?
4, is it more successful to use solicitor?
5, what kind of split regarding house and finances I have the children with me.
Thank you in advance
I did divorce and finances myself but we agreed it all. If you have any issues re finances I would advise spending the money on solicitor advice. You can only get mortgage in your name if you can pay the mortgage yourself and it will be decided by the mortgage provider.
I've just had all ofthe same questions so went to see a solicitor recently ie 2 weeks ago.
You can remove your ex off the mortgage if the lender will allow and your income is enough to borrow the outstanding amount against. I am told some lenders will adjust their lending amount and take into account your child maintenance and tax credits, but you need either a Court Order showing how much he is providing and bank statements for 6 months showing tax credits going into yr account. But not all lenders will so bear that in mind.
Also consider, your other half may be entitled to some of the equity, so you will have to re-mortgage with that additional amount on top or, find the money by other means. I'm unsure of your situation on that.
If you cannot get a mortgage in your name and remove him from the deeds, you can apply for a Charge ie his name remains on the mortgage until your child is 18 and you either sell, get re-married or are in a position to work full time and release him whilst transferring the mortgage into your sole name etc. This is done quite a lot.
All solicitors start with a 50:50 split. If one party has quite a bit less income and young children, they tend to get 60/70% equity. But the Court will consider all assets to include pensions, savings etc
It is financially better having worked in a solicitors, to do it yourself if you can both agree on every point as solicitors obviously start a bun fight for their own client, both battling to squeeze as much out of the other. At the end of the day, you still come to an agreement.
My suggestion is get a free half hour with a matrimonial lawyer, have your questions written, know the values of your house, savings, salaries, mortgage outstanding, cost of bills etc and attend that appointment armed with the info they will need.
This will give you knowledge of the minimum you would get. Then approach your ex with a much higher demand and negotiate from
Thank you everyone. I spoke to our mortgage lender and they have said on the amount left on the mortgage that it is a possibility, I didn't ask about borrowing to pay his equity. Has any of you had the mortgage into your name then paid the others equity when the youngest child is 18? Does that work. Also if he stayed on the mortgage and paid towards it then when youngest is 18 we sold and split equity does that mean he would have rights to move back into the house? Tadpole73 thank you for that advice I will go to another solicitor for the free 30 mind armed with all the info as when I went about a month ago I didn't know what to expect and wasn't prepared at all. Thanks again everyone
If he is on the mortgage my understanding is he has a right to be in the house. I spent £150 on solicitor and took as tadpole said all details re finances etc and just used her advice and answers to then do divorce and finances ourselves. I'm not sure how equity works as I got house and he got to keep his pension. Try and agree if you cAn
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