Any advantage in taking over mortgage?

[crepeyneck]

H has walked out to be with OW divorce not even started. He wants his name off the mortgage asap so he can get a mortgage with OW. He won't pay his half of the mortgage. I can just about take mortgage over but could not buy him out as I could not raise that kind of money. He still wants 50/50 of equity when we sell. He won't consider a 60/40 split that would allow me to buy a smaller place for me and 2 teenagers. Alternative will be to sell when youngest is 18 in 3 years....

See a solicitor. I know this is only anecdotal but someone I knew continued paying the mortgage but left her ex on the deeds. He came back years later (after she'd paid all the mortgage off) and took half the house. Make sure that can't happen to you.

I don't know whether this holds up legally but i told ex that he needed to pay half the mortgage until sold otherwise he wouldn't get half the equity

Thanks both. I spoke to the mortgage company last week and they were very unhappy with his behaviour. I am not sure I can force him to pay half. All he thinks about is his new life not the misery he leaves behind....

It may be a case of "who blinks first" . If he's wanting a mortgage with OW he can't afford to default on the mortgage he has with you. So if you pay your half then he should pay his half. Obviously, you probably also don't want a default or late payment on your credit file either. If it were me (and this is in no way what I'm saying you should do!) I'd just pay my half and see if that made him more "agreeable". I'd tell him first though so he has the opportunity to weigh up just how much he wants the new mortgage with his new woman.

And I wouldn't take him off the mortgage unless it benefitted me.

You definitely need to see a solicitor because with 2 teenagers to house, I think you are quite likely to get more than 50/50. Very sensible to talk to the mortgage company as this protects you if he defaults on payments in the short term while you sort it out but don't make any other decisions or take any other action until you've had legal advice.

He's bullying you ! If the mortgage defaults he will be affected and it will screw up his happy new life ( happened here) . Also he's bullying you to fifty fifty , I got 70/30 ! Do see a solicitor but tell them to keep ur bill as low as they can ( they are generally ok with that request) . He's the one in a desperate need for a new life , let him bloody wait ! Be firm I was and say it out , get working tax credits on board and a counseller and plan how you want your life to be . It may seem as if he's in control but actually he's not at all you have a lot of power here once you hv working tax on board ! Refuse to be bullied you hv a lovely family and will survive whereas he's hot to maintain this new image x

Sorry for spellings bloody predictive

Is he paying maintenance? How was it calculated?

Don't do a thing until you have a divorce and a financial order setting out the arrangements. I'm sure OW will find his cock entrancing enough to wait that long.

You need to see a solicitor for proper advice, first.