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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

STBXH wanting me to pay mortgage & he retain rights to house

4 replies

trackerc · 08/09/2014 22:40

STBXH separated but living in same house. joint mortgage. 1 LO.
We agreed to physical separation, him moving out when finding a local flat. He emailed me a couple of weeks ago to say he was willing to sign over house to me, for me to try to get a mortgage to take over sole ownership. I've therefore worked on that assumption.liaising with mortgage company to get details, how to sign off etc. he's been off sick for 6 mths (public sector so full pay - he went back the week it went to half pay & since had episodes & so now off again - when he gets full pay again)
Now we discuss & he decides that he will move out but that he wants to keep house mortgage. He suggests me & LO live in it, I pay the mortgage & house expenditure in entirety & he retain half rights to house.
He said this will be in lieu of him being forced to pay rent elsewhere.
He also wants house set up money - he wants one of the cars(we have 2 both in my name) plus several thousand pounds. As he "will need to set up home expenses". He accounts for furnishing costs too - when I said he could have the furniture in the house - he said he wants new as they "hold too many memories". Not enough memories to stop you shagging about. FFS
Can he do this?
Can he keep half the house while I pay entirety of mortgage?
Can he reap any appreciation of house after I've paid extra for15 yrs?
If legally he can, does it mean he also has full reign of access to the house?
He also wants to negotiate less than the CSA calculator on maintenance (cos I am paid a bit more than him)
I paid in £22k extra to house when we got the house, we have only been paying half interest only & repayment, but I want to go full repayment. That means I pay the debt off yet he benefits.
All advice and signposting welcome.
I had had legal advice, but of course id been working on the info& plan Id known before he threw this bombshell in.
I'm prepared to go back to the solicitor but helpful advice before them would be great. Thanks

OP posts:
MissingMySleep · 09/09/2014 09:19

sounds like he is having a laugh. It would not be usual for you to pay mortgage but him keep half ownership.

You need to take account of who put in what at start of marriage & hosue purchase and who paid what throughout, your solicitor will be able to take your particular details and advise.

You can find a lot of advice and info here
www.wikivorce.com/divorce/

imo he is trying to be clever and stitch you up financially

Lonecatwithkitten · 10/09/2014 13:39

Firstly don't pay anything yet to him
Get a solicitors appointment quickly to get advice. Take all the information you have about assets, debts, pensions etc with you.
There are things called Mescher orders that can mean you stay in house and pay mortgage and on sale he gets a set percentage not necessarily 50%. Though most people now opt to sell if one can't buy the other out.

Dowser · 24/09/2014 16:03

My ex tried to pull a similar one. Not wanting to pay me maintainance he was prepared to do so only if in about 6 years time I was forced to sell the house and give him a third.

Yeah right! My solicitor saw right through that one.

She wanted a clean break. Oh what a wise woman I never fully appreciated her at the time.

I waived my right to maintaince and got to keep my ( mortgage free ) house.

Can you do anything similar.

VivaLeBeaver · 24/09/2014 16:07

And remember you're entitled to a share of his pension.

No idea aout the house sorry but that doesn't sound right.

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