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Relationships

Mumsnet has not checked the qualifications of anyone posting here. If you need help urgently or expert advice, please see our domestic violence webguide and/or relationships webguide. Many Mumsnetters experiencing domestic abuse have found this thread helpful: Listen up, everybody

maintenance/ house equity trade off in divorce?

10 replies

namada · 01/04/2011 14:41

hiya. My DH and I are seperating/getting divorced. I am not entitled to legal aid as there is some monies invested for my kids by my dad in my name (I would not touch it) but I am on maternity leave with very small income and NO savings so cannot afford a solicitor. My dh is entitled to legal aid as his income is around £1,000 a month. Anyway......it makes most sense for him to leave the family home which is in joint names with a joint mortgage. There is probably around 15K equity in the property and I do not have the money to buy him out. He has agreed to leave if I sign something legally binding to say that I will not persue him for child maintenance for 5 years. He has said that he will still buy clothes and take kids out etc but doesnt want to be bound until he has sorted himself out. I kindof understand his point as he is deprived of a home after 10 years of being married, and also it is quite an easy and quick solution and as I cant afford a lawyer, maybe my only option? However, my parents gave us the initial deposit and he has never paid even nearly half the bills because I am the main earner (but even still- could/should have paid more than he ever did) he didnt contribute financially or practically to maintenance and never really treated the house as a home. 5 years is too long, right?

what would you do?

OP posts:
bamboostalks · 01/04/2011 14:44

You need to seek professional advice. That is a huge decision and does not sound a good one tbh.

steamedtreaclesponge · 01/04/2011 14:46

DON'T DO ANYTHING until you have got some legal advice. Least of all this. You are probably entitled to stay in the family home and get child maintenance payments from him...

Honestly, this is you and your children's future you're talking about. You must get some proper advice.

mumblechum1 · 01/04/2011 14:48

Hi I'm a lawyer and the proposed arrangement would not be recognised in law as it is against public policy and would not be enforceable. His solicitors will, or certainly should, advise him not to enter into such an agreement.

namada · 01/04/2011 14:50

do you know where I can get legal advice from if not entitled to legal aid?

OP posts:
namada · 01/04/2011 14:51

mumble - thanks! we must have cross posted. ok- so i cannot exempt him from paying maintenance to pay of the equity? i got the feeling that the solicitor had advised him to do this....

OP posts:
mumblechum1 · 01/04/2011 14:58

The reason any competent solicitor would advise against this idea is that he could transfer the house to you for no equity and then the next day you could go to the CSA and they wouldn't take that into account at all, they'd just assess child mtce on the basis of his income.

namada · 01/04/2011 15:01

ok

what can i do to get him out of the house, if I dont agree to this?

OP posts:
mumblechum1 · 01/04/2011 15:09

I'm afraid you really need to pay someone for an hour or so's advice (most sols offer the first half hour free), I'm not trying to be unhelpful but I'd really need to see all the facts and figures to give a proper opinion.

Maybe try CAB?

exhausted2011 · 01/04/2011 15:34

I had an hour free with a solicitor, I didn't ask for it free, she offered.
I have heard that most will do this

eroded · 01/04/2011 16:13

Get legal advice & stuff in writing. I wouldn't trust him, if I'm honest.

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