Active discussions

Meet the Other Phone. Protection built in.

Meet the Other Phone.
Protection built in.

Buy now

Please or to access all these features

Talk
Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Original poster

What happens re paying mortgage when soon to be exDH moves out?

24 replies

keeplaughing · 20/02/2011 19:38

I am trying to buy him out of our house and get him out as he won't go (despite the fact we have ds, 9 and he is having an affair. I know he legally doen't have to leave but he is now going to get a flat, thank god. we still haven't quite reached financial settlement but close I think. If / when he moves out how does it work?

OP posts:
freshmint · 20/02/2011 19:40

well if you can't afford to pay it then DH will have to keep it going until the financial stuff has been sorted out. If he won't agree to that then you will have to take him to court in an action for maintenance pending suit (ie payments to you until financial settlement is reached) but it really shouldn't be necessary to go that far.

If you aren't earning enough to cover it then he needs to ensure that the flat he rents isn't so expensive that it leaves you in the lurch

freshmint · 20/02/2011 19:41

Mind you if you are trying to buy him out of the house then presumably you think you CAN pay the mortgage? In which case you should just pay it.

lightermornings · 20/02/2011 19:42

If his name is still on the deeds then he is liable so until the house is in your name he has to pay his share. Once the house is in your name then he will just have to pay maintenance for your ds.

freshmint · 20/02/2011 19:44

yes but lighter that doesn't help if he refuses to pay, she goes into arrears and the mortgage company threatens repossession... we need to deal in practicalities here. It is no good saying "he is liable so he has to pay" - what if he doesn't and she can't afford the shortfall? Then she has to pursue maintenance pending suit.

Original poster
keeplaughing · 20/02/2011 19:46

I can afford to pay it just wanted to know if his share is recoverable in a settlement or not

OP posts:
Original poster
keeplaughing · 20/02/2011 19:48

Also, he won't be able to afford to pay as the flat he is renting is almost same amount as our current mortgage and he doesn't have enough money

OP posts:
DollyTwat · 20/02/2011 19:49

Wasn't in my case
I kept on paying it and he still got 30% of the equity
If he will pay that's great otherwise you'll have to pay it if you want to take it on by yourself
It hurts I know

lightermornings · 20/02/2011 19:49

Have you seen a solicitor? I bought my ex out before we divorced so all the financial side was settled mainly because the mortgage deal we were on was ending so it seemed a good time.

DollyTwat · 20/02/2011 19:50

Can you get a mortgage holiday whilst you get on your feet?
He'll need to sign it too, but might help in the short term

Original poster
keeplaughing · 20/02/2011 19:55

Yes, am seeing solicitor, and no can't take payment holiday on this mortgage - plus don't want to alert the company to the situation as I am having to try to raise and increased mortgage. I just wondered if there were any hard and fast rules on this but it seems not

OP posts:
freshmint · 20/02/2011 19:56

if you can afford to pay and he is renting a flat for about the same amount then no, you are unlikely to recover his share it will probably all come out in the wash

sorry

Original poster
keeplaughing · 20/02/2011 19:56

Dollytwat - how did you manage him only getting 30%??

OP posts:
lightermornings · 20/02/2011 20:02

You get a third, the child(ren) get a third and he get's a third

freshmint · 20/02/2011 20:04

lighter mornings I'm afraid you talk complete crap. what are you doing giving advice on the legal threads if you haven't a clue?

Original poster
keeplaughing · 20/02/2011 20:05

Hmm, so just another thing you have to put up with in the divorce process then...so I work hard, get pension, etc , he doesn't bother but at the end of it he gets 1/2 shares...How does that work Angry
It's ok, my solicitor already told me I have to banish from my mind all thoughts of actaul fairness and accept the legalities. But is makes me so MAD

OP posts:
lightermornings · 20/02/2011 20:07

I'd better tell my solicitor then that she was wrong and also my ex's solicitor obviously they had no idea what they were doing.

Original poster
keeplaughing · 20/02/2011 20:09

Quick - give me their number then if I can get a deal like that. Mine says 50% (minus a huge debt he racked up and at the moment is saying he will take of settlement) is a good deal...

OP posts:
freshmint · 20/02/2011 20:10

yes you should if she told you that.

complete rubbish

lightermornings · 20/02/2011 20:11

That was how it worked for me maybe your circumstances are different than mine we had debts aswell.

freshmint · 20/02/2011 20:12

a third for the children?

bollox

what are you talking about?

there is no formula. each case is decided on its own facts.

Original poster
keeplaughing · 20/02/2011 20:15

Freshmint, thing is I don't think he can afford the flat - he can't afford anything generally - but seems to think he has a god given right to get a nice flat in a nice area. He wanted, wait for it £5k up front so he could get such a thing and then furnish it....He is self employed , in debt (waiting for money from financial settlement to pay off business debts and taxman)

OP posts:
DollyTwat · 20/02/2011 20:48

I think that the split was made letting him keep his pension and possibly taking into account that he'd never paid a single penny for anything. Ever.
They did try to say that as I earn mire he should have more! But ad it was his choice to be unemployed perhaps the judge took a dim view.
there doesn't seem to be any formula when I compare it to friends if mine who walked away with all the house and maintenance etc. I guess it comes down to whether someone can afford to pay it.

My solicitor said shed had clients who had saved all throughout the marriage and the other person had spent widely but the savings had to be shared. I had a few savings so I paid lots of stuff in advance like the nursery fees etc.

DollyTwat · 20/02/2011 20:49

*spelling courtesy of my iPhone!

Resolution · 20/02/2011 23:55

lightermornings - either you're fibbing (in which case don't bother posting pretending to give advice) or you have really misread your case.

Kids don't benefit in a divorce.

I 'spect you're talking out of your arse.

New posts on this thread. Refresh page
Swipe left for the next trending thread