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Original poster

House in a divorce

56 replies

worriedandannoyed · 19/01/2019 08:34

I was wondering if someone could give me a quick answer to this.

I've split up with my husband, we have two children under ten. He's moved out to his parents house but is still currently paying the same contribution towards household costs as before. I'm looking for another job to increase my income as I realise that sooner or later he will reduce what he's paying.

We won't be reconciling, so further down the line will need to divorce and settle finances. I want to stay in the house and if I get another job I'm happy I can pay the bills on my own.l with a reasonable amount of maintenance from him. But would the mortgage have to be transferred to my name only? I'd have to work full time to earn enough for a bank to lend me that much. Or am I entitled for him to keep his name on the mortgage until the youngest is 18? I assume not as he won't want any financial ties with me and I could default on the mortgage. Thanks

OP posts:
Olly2002 · 19/01/2019 08:45

I suppose with his agreement you could take over the house in your sole name however it would probably need to be settled whilst getting divorced. If there is a lot of equity he may want some of it? Suppose it depends on the overall financial situation of the 2 of you

Jackshouse · 19/01/2019 08:48

I think you need to speak to a solicitor and get proper legal advice.

SillySallySingsSongs · 19/01/2019 08:51

if I get another job I'm happy I can pay the bills on my own.l with a reasonable amount of maintenance from him.

You will be expected to anyway. He wouldn't be expected to continue to pay for two households.

You need legal advice.

namechangedtoday15 · 19/01/2019 08:55

Yes you need legal advice. He will be entitled to house himself too and have sufficient space for the children to stay with him so it will depend whether there are sufficient assets to enable him to do that without selling the house and you each getting smaller properties for instance.

HollyBollyBooBoo · 19/01/2019 08:55

Why would you want his name on the mortgage? That means he's always got a claim to the house. He could secure finance against it, he could insist its sold etc.

Original poster
worriedandannoyed · 19/01/2019 08:58

I don't think he will be entitled to a lot from the house as he has huge pensions and I have none. I thought the sale can't be forced until youngest child is 18 regardless of that? He's due to get a huge inheritance this year which will enable him to buy somewhere else outright.

OP posts:
Original poster
worriedandannoyed · 19/01/2019 09:02

How could he raise finance against the house if both our names are on the mortgage? Wouldn't the financial order specify what he was owed from the sale of the house when it is sold regardless of when it's sold? (Either a % or fixed amount?)

OP posts:
HollyBollyBooBoo · 19/01/2019 09:23

Have you got a solicitor to talk to and get good advice. They will take everything into account - the house, both your pensions, potential inheritance etc and then work it out.

MissMalice · 19/01/2019 09:36

Bear in mind that if you’re relying on maintenance to pay the bills you may struggle if he loses his job. Always best to have a plan B.

Collaborate · 19/01/2019 10:06

It’s not as simple as that. No one can advise you without speaking to you at length and getting the full picture. See a solicitor.

namechangedtoday15 · 19/01/2019 11:00

Yes you need to speak to a solicitor. A friends ex H has to contribute £1k per month to her (for 3 children etc). Hes just lost his job and for various reasons, unlikely to get another. Shes in a very difficult financial position now and very little she can do about it.

Original poster
worriedandannoyed · 19/01/2019 11:04

Thanks for the advice. I do appreciate all the replies. I'm a little confused about not taking the maintenance into account, I'm sure for many many families this money isn't extra money, it's money needed to pay bills. I don't think I would be unique in that! And no different than if we were together in fact.

OP posts:
eatingtomuch · 19/01/2019 11:06

My ex also got made redundant after our divorce and financial settlement. He has not had a permanent job for the last two years. It has impacted on what he has paid in maintenance significantly. I thankfully had moved to a house I knew I could afford without his contributions, I'd have been in a real mess if I hadn't done this.

HollyBollyBooBoo · 19/01/2019 11:12

I don't think anyone said don't take it into account just don't rely on it.

Sadly it's a harsh reality that you may not be able to keep the home you're in. If you can't afford the bills without significant maintenance and that maintenance goes down due to ExH remarrying, having more children or he loses his job and therefore can't pay it, what will you do?

restingbitchfarce · 19/01/2019 11:19

You are appearing to refer to what is called a clean break. You buy him out and divide up you assets and go from there separately. You would also discuss maintenance which is roughly 10% of his net income for the first child and 5% for every following child although if you get on well he may be willing to pay more. Those figures were based on CSA amounts but it roughly still stands

Please take legal advice though rather than rely on mumsnetters.

sollyfromsurrey · 19/01/2019 11:33

Not sure I'm understanding you. It sounds like you expect to keep the house, not have him gain any equity from it to allow him to get his own housing, and get a generous maintenance from him and keep him on the mortgage so responsible for the debt. Gee. You don't want much do you. What exactly is he walking away with? No house, a mortgage and big payments to you. How exactly do you suppose he would live?

Original poster
worriedandannoyed · 19/01/2019 15:16

He's a very high earner, the amount he pays at the moment would still leave him enough to rent somewhere else and pay bills on that house too. And as I mentioned he's due a huge inheritance that will allow him to buy somewhere outright so he won't have a mortgage. He wont go without believe me! And why should he get any equity in that case? His pension is worth way more than the equity in the house.

OP posts:
SillySallySingsSongs · 19/01/2019 15:21

He's a very high earner

How much is a very high earner?

If he loses his job tomorrow what are you going to do?

Courts are moving away from giving indefinate spousal maintenance.

And as I mentioned he's due a huge inheritance that will allow him to buy somewhere outright so he won't have a mortgage

Inheritance is irrelevant unless he actually has it in his hands.

SillySallySingsSongs · 19/01/2019 15:23

You need proper legal advice.

He won't however be expected to pay for everything and walk away with very little/nothing or fully support two households for years and years.

HollyBollyBooBoo · 19/01/2019 15:29

Not quite true @SillySallySingsSongs, if it's imminent and significant it can be taken into account for the financial order.

SillySallySingsSongs · 19/01/2019 15:34

Not quite true@SillySallySingsSongs, if it's imminent and significant it can be taken into account for the financial order.

True but OP is quite naive about expectations.

As i said she needs proper legal advice.

HollyBollyBooBoo · 19/01/2019 15:38

@SillySallySingsSongs 100% agree, I'm all for equality but it works both ways!

Original poster
worriedandannoyed · 19/01/2019 15:50

I've not said anywhere he has to pay for it all forever. But how can I be expected to pluck a higher paying job from thin air?

OP posts:
Original poster
worriedandannoyed · 19/01/2019 15:52

All I would expect him to pay would be the cms recommended amount, I realise this is the minimum. But until I find a job that pays more we both have an obligation to get the mortgage paid

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Original poster
worriedandannoyed · 19/01/2019 15:55

Sillysally did you not read my first post that says I'm looking for a higher paying job? It's difficult to find something when I have very little childcare options

OP posts:
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