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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.

Selling the family home before divorce complicated

2 replies

Newbrummie · 06/05/2015 13:00

So the house is in his name, I am paying the mortgage, have fine for the past 3 years. He said previously I can have the house.
I can't divorce him for another 12 months as I've just arrived back from Australia, he is still there. I get no child support, there are no other assets, when all said and done we are looking at £20,000 tops.
The house will be repossessed if it's not sold ASAP, I cannot afford the mortgage.
My solicitor told me to let it get repossed but I need that £20,000
Any advice ? I'm on income support I can't afford a solicitor, neither can he tbh

OP posts:
Lasvegas · 06/05/2015 13:44

newbrummie this sounds hard. i would suggest you try and avoid re-possession. can you rent out the house and move into somewhere smaller/ cheaper area?

When marital assets are divided it makes no odds who paid mortgage deposit, repair bills etc. or whose name the house is in. if it was sold where would the sale proceeds go, do you both have a joint UK bank account? this would be best to assist with dividing assets. generally if y=the children live with you you would get between 60%-70% of the equity.

Newbrummie · 06/05/2015 14:01

He is happy to give me the whole equity as frankly he can't give me much else, I've spoken to a solicitor and a declaration of trust seems to be the way forward here, anyone else in my situation for god sake register your matrimonial home rights ASAP

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