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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.

Advice needed re house

4 replies

Notsurequitewhattodo · 23/03/2024 18:21

I left my husband five years ago. He remained in our house. Currently two of my adult children live with him. We are not yet divorced. I have spoken to him about divorce and about the house. Whilst he seemed reasonable nothing has happened. We set a deadline for him to think about what he wanted to do. Still nothing has happened. I am incapable of confrontation and he makes me nervous so I have just let things lie. However I would like to buy a house, currently rent, and my name is still on the mortgage. I could have my name removed but suspect if I did that I wouldn't get a penny of equity. He really dislikes me, civil when talking, which is a rare occurrence but seems to have decided that he's not giving me a penny. Although of course half the house is mine. What I want to know really is if I have any options. Could there be some sort of deed of trust which would protect my equity in the property but take my name off the mortgage perhaps. The whole thing is very upsetting because I feel badly done to but know that's my fault for not being braver. The upsetting feelings come from my self criticism.

OP posts:
EarringsandLipstick · 23/03/2024 18:23

Instigate divorce or

EarringsandLipstick · 23/03/2024 18:24

EarringsandLipstick · 23/03/2024 18:23

Instigate divorce or

Sorry!

Instigate divorce proceedings; the house will be sold as part of the settlement or he will need to buy you out

Anameisaname · 23/03/2024 18:25

Don't wait for him. Its been quite long enough. Book an appointment with a solicitor and get it all kicked off

Jonathan70 · 23/03/2024 19:56

You don’t need a deed of trust because you jointly own the house and are still married. Like the other posters have said, just file for divorce, tick that you need a financial order and see a solicitor. The house will either have to be sold or he will have to buy you out. That might be 50% of the equity or it might be more/less depending on all your assets, pensions, earnings, whether you gave up work to look after the children when they were young, etc. You don’t need to be confrontational - a solicitor can deal with it. He may have decided that he isn’t going to give you a penny but he will be forced to because that would be legally fair. Don't walk away with nothing because he makes you nervous. It doesn’t matter if it were you that left. You’re entitled to your share of the marital assets. Chances are, as soon as you file for divorce, he will start responding. See a solicitor to find out what you are entitled to. You can get a reasonable first consultation which should give you a good idea. Good luck!

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