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Rights in jointly owned home

(6 Posts)
Parkerellis Tue 26-Mar-13 08:03:30

In Jan 2011 i found out my husband of 15 years was having another affair while I was 4 month s preg. He moved out and into her house and I took over all the household bills including a mortgage debt he had built up through none payment. I divorced him on grounds of adultery, with no mention of house division in the divorce. I continue to live in the jointly mortgaged home with our 2 children without any contribution to the mortgage from him.I did inform the mortgage company we were seperated and i set direct debit up in my name. Our house is up for sale presently and he is expecting half of the equity which I have been told by the estate agents is expected to be quite low due to economic situation. He has told me tonight his solicitor is drafting up some ideas for me? He has not paid a penny towards the £605 per month mortgage in over 2 years now. He also pointed out my boyfriend can not move in without his permission? He says it doesn't matter how much I have paid alone or that the children live with me he is entitled to half? I have seen 2 solicitors for the free advice when we first separated and I am aware it is not a even split if children are involved.
Can you clarify any of this please? Thanks

ImTooHecsyForYourParty Tue 26-Mar-13 08:06:12

I don't think you should trust people on the net to clarify a complicated legal matter. I mean, we're fab and everything grin but you have no way of knowing if any of us know what the hell we're talking about!

I would really advise you to find a solicitor who really specialises in this area and who can work with you on this.

This is one of those times when you need to get legal representation or get screwed over.

LIZS Tue 26-Mar-13 08:11:05

Very unusual to be advised to divorce before a financial settlement is made. Yes he can still claim equity of his name is on the deeds but agree you need specific legal advice as to how to proceed as there are no hard and fast rules.

RedHelenB Tue 26-Mar-13 08:20:31

I think the amount of equity involved will make a difference. Any other assets like pensions, savings etc.If you want to deviate from the 50/50 you need to weigh up the legal costs against any gain. I would suggest that you ring a few solicitors for a free half hour appoinments & they should outline consent orders, costs & possible outcomes with you.

babybarrister Tue 26-Mar-13 13:47:49

Message withdrawn at poster's request.

Parkerellis Tue 26-Mar-13 18:07:12

thank you for the advice above, I will find time in half term to see a solicitor. I actually divorced him myself at the courts as I couldn't afford to get a solicitor involved at that time. There was nothing in the divorce regarding the house only the children. Again though thank you smile

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