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Financial resolution no money to borrow

8 replies

Hehx3 · 23/12/2020 20:33

Hello, Does anyone know please what happens if there is equity in the house but I do not have any financial ability to borrow more than outstanding mortgage? The house is 3bedroom and 2 children and myself living in it. I work full time and homeschool one. One child has disability and I pay for all his therapies therefor my outgoing are very high. I was told the court will not ask me to sell it however I would ideally like to not have him on the asset as he is abusive (financial and emotional-court orders). Is there any other magical way i can raise the money or something? I am thinking of at least going to court to have it in writing the percentage I owe amd value agreed- is it sensible? Just to make it clear he is on good salary and renting a 3 bed house with his partner so not in dufficult housing situation.
Its driving me nuts he has this hold over me.

OP posts:
RedHelenB · 24/12/2020 06:19

You need to speak to a solicitor. If he has assets that are worth more or as much as his "share" of the house it could possibly be transferred into your name. Or if he agrees to no equity from the house

Hehx3 · 24/12/2020 08:45

Hi @RedHelenB I have a solicitor but he always says its difficult to say how the judge is going to decide and I feel like Im in lost. I bare a lot on a shoulders and in general Im anxious person so not knowing is worse than facing anything. They have 2 cars and maybe a bit more money that he is actually admitting too (got a company) but probably nowhere near to what he wants and he wants 50% nothing less and that is around 45k. Im scared he will be dragging this and at some point I wont afford solicitor. Working full time, providing therapist for my son, home schooling and just being resident parent is very hard in itself without adding a must to manoeuvre legals. Im sorry Im moaning and shouldnt, just feel a bit worn out.

OP posts:
RedHelenB · 24/12/2020 18:49

Divorce is stressful. Hope you can out it at the back of your mind until the New Year and enjoy Christmas with your family.

Collaborate · 25/12/2020 05:48

@RedHelenB

Divorce is stressful. Hope you can out it at the back of your mind until the New Year and enjoy Christmas with your family.
OP hasn’t said she’s married, which is pretty important.
Hehx3 · 25/12/2020 09:14

Hi, yeah I am married :-( was living in my bubble for 9 years when it burst. I do understand the fairness Im quite a firm believer it should be all fair in life and if I didnt have kids I would just sell it and forgot that life. I cant though as my younger needs stability and needs support (older too but its a bit more "typical" with him), unfortunatelly his dad never helped financially when I couldn't get money for DS assessment or anything after so I cant count on that and I cant risk my sons future. Just trying to asses how can I do it otherwise. Im not really wiser having solicitor but it gives me protection as I do not have to deal with abuse, I was hoping there was someone in similar situation.

OP posts:
InTheLongGrass · 25/12/2020 09:29

If he has a good job, does he also gave a much larger pension than yours? If you add up all of the finances, might removing any claim from his pension provide enough to cancel his claim on the house? Talk to someone who understands pension, housing and divorce, I have no financial background and this could be a monumentally bad idea

Hehx3 · 25/12/2020 10:55

Thank you, any idea is good. It all helps but I think pension we will be similar as he didnt have well paid job before (only after he moved out he was able to find something proper...). Its all muddled

OP posts:
Collaborate · 25/12/2020 21:20

It’s not just about splitting everything down the middle. It’s about making a fair arrangement that meets both parties needs, especially those of the children, and takes in to account the factors mentioned in s25 of the Matrimonial Causes Act 1973. To understand how the court will apply that to your case you need to be asking a qualified family solicitor, not a message board.

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