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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.

Divorce help/advise please

4 replies

mummabird69 · 24/10/2023 11:54

So me and my ex are getting divorced after being separated just over a year. He moved out a year ago and I still live in the family home, looking after the children 60/40 ish. We have a joint mortgage with roughly 3 years left until our fixed rate term ends. He is currently renting and we both work full time. Both children in school.

He is looking for his share of the property equity so he can obviously buy/get a new mortgage. I am not sure whether I need to sell the property, try and buy him out with the help of my parents or if I need to sell it at all until the children have left education. If I do the third option does that mean he wont receive his share until the children have left education? He wants his name off the mortgage ASAP so he can buy again. We are amicable and I want him to buy a place for himself so the children get 2 nice family homes. What is the best thing to do in this situation? Can a mortgage be ported to remove his name and add my parents?

Also, if our custody share turns into a 50/50 share will I still receive child maintenance from him?

OP posts:
flummingbird · 24/10/2023 11:58

I would be looking to buy him out (on your own or with parents) or sell and but a smaller/cheaper place. I dont think its fair to not sell and force him to stay on the mortgage until your kids leave school, even if that was possible? He needs to be able to house them too.

Octavia64 · 24/10/2023 12:00

Assuming he wants his share of the property, you can buy him out.

It is very unlikely that you will be able to stay in the house until your children leave education without buying him out - the courts can order this but it is very rare.

What other assets are there in the marriage? Pensions can also be an issue.

mummabird69 · 24/10/2023 12:19

He definitely wants his share of the equity as it pains him to rent and waste the money each month. Pension wise, I think we have roughly the same (15k). No other assets

OP posts:
LemonTT · 24/10/2023 15:04

Mesher orders are not used by most people because they are rarely the best option. They are used when there is no other option to house the children.

IMO you are better off dealing with the financial impact sooner rather than later. Go to a financial adviser to find out the best way to get support from your Parents. I’m not sure having them on your mortgage is the best way to do it.

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