Advice needed on rights to equity from the marital home

[battlingobesity]

Hi there,

I have moved out of the FMH and I've applied for divorce on the grounds of unreasonable behaviour, which is at decree nisi stage. The children are with me 4 nights a week and with STBXH 3 nights a week, to be reviewed by the courts in June. I had to leave the marriage and the home due to EA and STBXH refusing to move out. I am currently renting and struggling financially. One of my monthly outgoing payments is half the mortgage for the FMH. What would happen if I stopped paying? I can't sustain paying rent and half a mortgage but I'm worried that if I stop paying for the mortgage, this will in some way affect my rights to half the equity once the divorce is finalised.

Thanks in advance.

It might not affect you, but you'd have to take detailed legal advice. If rent is similar to mortgage and your incomes are similar then I'd stop paying.

My sister moved out from her home jointly bought with husband to be. He was a nutter. she immediately Stopped paying mortgage as was paying rent. He is a partner of a law firm. A year later court found he had to buy her out and not at the titchy amounts he had offered in spite. He also told her she would not be entitled to a penny. You are entitled and do not have to pay mortgage or bills in meantime as not living there. But solicitor will know which statute to quote as defence.

I moved out of my fmh and stopped paying bills, mortgage immediately as I had the children and only worked pt. My ex taunted me saying I wouldn't be entitled to any equity. He battled hard and wasn't very happy when it was split 70/30 in my favour! Obviously it always best to take legal advice but I believe the law is that way to protect people from being treated in this way. I'll never know why men do this, surely the children don't look favourably on this when they're older, I'd have been upset if my dad had done this to my mum. My ex let me and my children rent a tiny 2 bed house while him and his girlfriend lived in our huge detached family home and they didn't even pay the mortgage! We were happier than we'd ever been though in that little house, it was like a friend.

Yes, I was lucky my credit rating wasn't affected and I got another mortgage but the banks have no sympathy and will make no allowances

A solicitor is needed to give you proper advice, but there is no reason whatsoever for you to be expected to continue to pay a mortgage for a home you no longer live in and rent for your current property. Divorce is more complicated than co habitees when it comes to financial splits, and seems to be weighted in favour of the parent with the main residency of the children. Not paying into the mortgage for a relatively short period will be of minor importance when it comes to division of the equity.

Thank you all for your input. It has been extremely helpful.