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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.

Do we have to sell the house?

2 replies

Itsybitsydooda · 05/08/2021 17:28

Stbxh and I don't want to sell our house, we've only had it 2 years and any equity would just get sucked out paying the deposit back to my parents. He has moved an hour away and I've remained in the house with the children. Mortgage is in his name (due to credit scores) but we split the bill each month and I have registered interest with Land Registry.

Would a court agree an arrangement where we continue as is for the time being?

It's a minefield trying to work everything out. Financially we are only tied by a joint account that just pays my car bill as the finance is in his name but I pay it. We are both pretty confident that we can agree things between us. For background we were married 10years and he has the DC eow.

OP posts:
Hekatestorch · 05/08/2021 17:49

I think that's quite a difficult one. Usually, courts prefer clean break where you aren't financially tied anymore.

Then you need to add in pensions split etc.

Then if this does carry on, for how long? What if he wants to purchase another house? What's the proposed split if equity, upon sale?

Alot will depend on his earnings. So a court isn't going to tell a low earner they need to continue to pay the mortgage plus CMS. Your earnings could also play a part.

Not sure anyone could say with any certainty.

millymollymoomoo · 05/08/2021 17:53

It doesn’t need to go to court
If you can reach agreement that is considered fair ( and you e both had independent legal advice) then it’s likely to be agreed
You do need to think about

How long
Who pays what
What triggers
Is his ability to buy a house impacted
What % shares will each get once it is sold

And get a formalised court order- otherwise agreements tend to go awry when new partners start coming on the scene

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