Husband handing over house

[Mollylegs]

Hi my husband left me last year we'd been together 21 years and married for 16. The house is in my husbands name. He is willing to hand the house over to me. My parents are going to give me money to pay a chunk of the mortgage. That is where I thought it best to get a solicitor. I've been told I have to get divorced and I have to have a five month cooling off period. I need this sorted sooner rather than later, I spoke to my solicitor yesterday who didn't tell me she was going on annual leave from today for a fortnight. I don't understand why I can't sort out the house sooner, if we weren't married how would they manage to do it? I'd be very grateful for some advice. Thanks in advance.

@LadyJ2023 Of course he should keep paying. It’s his mortgage. He cannot default. That’s madness. It will be sorted when the divorce and finance is settled.

I am unclear how the op can get a mortgage but she does have family money. Obviously getting a job would help.

How can you get a mortgage with no income? I didn't think you could get a mortgage based on benefits only

Does your son work or is he still in education?

He's not going to default on the mortgage. It would wreck his credit rating. He's not going to jack in work - he has a new woman to impress.

You were together a long time, so accept it's going to take time to unravel this marriage fully. You need to get the best deal for you now and in the future.

You've got a solicitor to advocate for you. Listen to them. One day you'll look back and think "thank god I was wise and didn't rush this through."

All the best, OP.

@Mollylegs Get the divorce sorted first, you're doing this backwards because if you get the house before the divorce he could claim it later.

https://www.citizensadvice.org.uk/family/

@Basilthymerosemary thank you, atleast you said it kindly. I will now look into the financial disclosure more closely xx

Listen to everyone here and your solicitor @Mollylegs . As long as you're married everything, even in just your name, can be included in divorce proceedings.

You say there are no other assets, pensions etc. You could buy him out, him spend all the money, then go for divorce with that as the only asset. You could be ordered to give him equity, even though its in your name and your parents have contributed. Until you are divorced and a financial order is sealed by the courts nothing in your name will be safe from him. Protect your son, yourself and the input from your parents and do this properly.

He won't default. It will screw his credit rating. If he wants it signed over to you quicker then he better get moving with the divorce and fill in all the forms and get the financial order settled.

Your solicitor is advising you to do this for a reason OP, the whole thread is doing the same. Divorce him properly first.

@TizerorFizz I do have a reason I don't work, my parents are giving me some money so I will have a very small mortgage, my ex is just banging on saying he refuses to pay it any longer. I know some people are saying he shouldn't be paying it, which is fine, I get that but it was my husbands choice that he would do that, he has more funds than I do. x

Hi it's a very small mortgage and you can get a mortgage on some benefits,

Hi he is still in education @JamMakingWannaBe x

From working with solicitors in divorce matters I’d definitely say get the divorce sorted asap.

Your solicitor may be slightly frustrated by what you want and what they can do for you, the client care letter if it’s eg for divorce or the house, should state out what they’re doing. Anything you want to talk to them about then do so but make yourself clear.

@BeaBachinasec Thank you, yes he's just come back off another holiday, it must be nice for him x

Thank you @TheHandbag

Thanky you @ConfessionsOfAMumDramaQueen x

Thank you @GonnaGetGoingReturns

@Mollylegs you have huge value please talk to your solicitor about your contribution. In law this has a value and affects the division of assets.
You are allowed to change your mind about going for divorce and full financial settlement. In the long run you will be protecting yourself and your children's future in a better way.

No, it isn't too late. Nothing is final at this stage.

If you can't work for health reasons are you entitled to pip?

I have tried to send an email to my solicitors assistant hoping that because it was about 4.20pm when I told her just to send the letter because i'm feeling pressure from all ends. I just pray that it didn't get sent. Wonder what my chances are??? @prh47bridge x

Sorry @prh47bridge I meant to say 4.20pm on Friday afternoon, I'm hoping and praying she would not have had time to draft a letter and post it xx

Even if she has, you can still walk back on it. There is nothing legally binding in place yet, so you are free to change your mind.

Thank you @prh47bridge x

Usually they would send you a draft to check before sending a letter.

Does he have other assets? Savings?

Does your solicitor think you are entitled to spousal maintenance?

Hi @Mumof3confused so sorry I didn'r see your post. He doesn't have any savings but he does earn a decent wage. My solicitor said she could get me spousal maintenance but my husband has said if I go for that he will sell the house and I won't have enough money to buy anywhere else x

He can’t sell the house, it’s a matrimonial asset.

You need to stop listening to your husband and start listening to your solicitor. Only one of them is on your side and understands the law.