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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.

Scared I will be homeless

11 replies

AHB · 08/11/2022 19:58

Is there anyone that can help with any advice or similar situations?
cut a long story short been with husband 15 yrs. he cheats and leaves family home to be with other women. We have a 5 yr old. We own a joint mortgage on ground floor flat. Started process with solicitors. Kept being advised me must provide a roof over our daughters head therefor can’t force a sale and courts will be in my favour.
he is a police officer and earns at least 50k per yr. i only earn around 18k. I am asking for him to pay for half mortgage until our daughter finishes full time ed.
i have now been told by my solicitor if it goes to court they will work in his favour as when we sell property based on asserts together we will have 70k if I sell and that should be enough for me to re house me and my daughter. But this isn’t enough. I am unable to buy him out or get a mortgage on my sole name. And not thinking streight as my mental health has suffered a lot during the separation. He is now having a baby with this women despite him trying with my for 18 months only a year ago. Which now he wants to come off the mortgage and dump me with bills mortgage everything.
i am really scared for me and my little girl?
anyone that can help?

OP posts:
millymollymoomoo · 08/11/2022 21:28

It’s highly unlikely on that salary he would be expected to contribute towards the mortgage. It’s simply not affordable to fund 2 homes fir his and him staying on yours ( and you expecting him to pay half) will significantly impact his own mortgage raising capacity. It’s simply not reasonable.

he certainly wouldn’t be expected to pay for next 13+ years!

18k is low salary. Is that full time? What benefits would you be entitled to? Have you looked at this

Potluck22 · 10/11/2022 08:02

Sorry your husband doesn't sound v nice at all. However with divorce you do need to be reasonable. You should heed your solicitors advice, a court is likely to decide along the lines of what solicitors say. What percentage of the equity has the solicitor advised you would likely receive?

Overthebow · 10/11/2022 08:09

On £50k he likely won’t be expected to pay for half your mortgage as he will need a house for himself too. Why won’t £70k be enough?

LemonTT · 10/11/2022 09:27

Overthebow · 10/11/2022 08:09

On £50k he likely won’t be expected to pay for half your mortgage as he will need a house for himself too. Why won’t £70k be enough?

He is going to need a house for himself and what will be 2 children.

OnlyFoolsnMothers · 10/11/2022 09:31

Why won’t £70k be enough? because the OPs salary clearly won’t be enough for a mortgage so the 70k will be eaten away in rent, she won’t be able to claim benefits and then the Op will be stuffed

whitramp · 10/11/2022 09:39

Unfortunately it's likely court will force sale and you'll be given a proportion (50% at least).

If you don't have ability to mortgage then rental is your only option I'm afraid. I'd suggest you make contact with local housing associations to see if it's likely you would qualify for tenancy. You could also look into shared equity with HA but where I am these are few and far between.

I've been there, it sucks. The equity from marital home sale has been eaten up by raising kids without support and paying rent. However, kids are now older, I've a better job and there's light at the end of the tunnel for me.

SueVineer · 11/11/2022 09:57

You won’t be homeless but it sounds like you won’t be able to stay in your current property either. You may need to sell up and rent.

User38899953 · 11/11/2022 10:04

You have to put aside the reasons for divorce.

Try to look at it objectively.

It would be unreasonable to expect a person to pay 50% of mortgage for about 15 or so years on a relatively average salary.

Realistically you are going to have to sell and split the equity.

Crikeyalmighty · 11/11/2022 10:36

I'm afraid the courts don't look at the fact you won't be able to get a mortgage. The way they see it is there is enough money in the system to pay for a deposit to rent and maybe 6 or 12 months up front to get in the door. Once you are down to £16,000 you can then start to claim towards rent. Yes it does eat all your cash up , but in all fairness so can equity if house prices suddenly take a fair sized drop . Once you are in a house he will have to pay maintanance plus your part time wages and you may get a UC top up as I believe maintanance is discounted in terms of earnings. you will then have to make rent up out of cash you have in bank until it drops to a certain level, so the key is getting something that's ok for the best deal you can- as you will be paying it.

Crikeyalmighty · 11/11/2022 10:37

Oh and he's a total arse by the way.

user1488308965 · 20/04/2023 23:07

Hi im in a similar position … the courts are living in the 1980’s . The house prices are out of reach . Renting is out of reach . I do not know what I’m going to do either . I will lose most of my money soon because my child turns 18 and he does not have to pay for the child anymore ….but he is disabled

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