Housing after divorce

[essieestherson]

Hi, I am in the process of divorcing my husband due to his infidelities and EA. We have a joint mortgage for our home. He works full time and earns a good wage. I work part time as I look after our 3 dc.

I would like for me and our dc to be able to stay in the family home. With my wage, child maintenance money and tax credits I will easily be able to afford our mortgage.. do I have a legal right to be able to stay here. As stbex is telling me that the only choice we have is to sell the home and there is no way I will be able to stay here unless I buy him out.

I have looked into it and it seems like I have every right to stay here until our youngest dc turns 18. I am very confused and don't really want to talk to him about it until I know what I'm entitled to do.

I am arranging to see a solicitor but just wanted to see if anyone knew my rights.

Thanks!

Bump

Too few details but you need to see a solicitor. If there is a lot of equity then why do you not think your husband also needs a property to allow the children to stay whilst with him? That's normally the reason why the properties are sold if it's feasible for both of you to house the children and obtain mortgages.

You don’t have every right to stay in the house until the youngest is 18. I hear this a lot, it’s not correct.

The courts have to access if a clean break is possible. Courts start at 50:50

Both of you will need appropriate accommodation to house the children when they are with you.

How much equity is in the house?

Can you afford a mortgage on your own? Interest only mortgages are few and far between now. If applying for a mortgage only a % of tax credits, any benefits and child maintenance are taken into account (child maintenance has to be court ordered and will only be taken into account until the children are 16). How old are you? A typical mortgage stops at age 65.

IMO it’s best to sell now, rather than delay it and face the inevitable when the youngest is 18.

As an example - my OH’s EW wanted to stay in the FMH and get a mesher order until the youngest was 18 (in 11 years time). She wanted my OH to pay the mortgage in full.

A judge decided. She got to remain in the house for 2 years. She pays the mortgage in full. As she can’t secure a mortgage herself (she at the time earnt £10k, received £8k in child maintenance and received circa £18k in benefits), the mortgage was £250k. My OH had to remain on the mortgage but he was indemnified should she default. The equity will be split 38%:62% in her favour on sale.

My OH offered her a much better deal but she refused and a judge decided.

Better to sell now than wait years when your ability to get a mortgage will be less.

When you see the solicitor to get the best idea of how the split will be you need to know:
Value of house and amount of equity
Pensions, who had them and what value
Other assets- savings accounts, stocks, shares, valuable property etc.
You will likely be asked about length of marriage, length of relationship/ living together before marriage, what assets either of you brought to the marriage. His current salary, your current salary and your possible future earning potential.
Going prepared will help you get the most out of your appointment.

Thanks everyone. We have only been in the house 2 years. I can afford the mortgage payments but I am a complete novice to all of this so will definitely get all the information to prepare for solicitors.

Just wish it was a lot simpler. Feeling really really horrible right now and I know there are very difficult times ahead.