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History: Home UK Divorce Forum
Topic:
Marital home (4 Posts)
Started By:
Date:
23 October, 2017 01:01PM
Marital home
missbeckylou - 23 October, 2017 01:01PM
Hi all,

My partner and his wife have been separated for 25 months, they have a child. They are in the process of divorcing but there is a sticking point over the house. They have a joint mortgage. The other issues are... 1) they are both under an IVA 2) the house is in negative equity due to top up secured loan and interest only mortgage 3) she does not want to move out of the property but will not look in to transferring the ownership of the house to herself.

She is requesting full amount of 'child maintenance', half the mortgage and half the secured loan. This is becoming financially unmanageable to my partner.

I have been told that whilst she wants to remain in the house, he has no option but to allow her to do this. This means we cannot buy a house for example. Can someone help explain to me what options there may be. If she won't move out then he has to continue paying for the next 16 years and there is nothing that can be done?

We could have full custody of the child but I'd be reluctant to do that for both the mum and the child.

Any advice would be very grateful. Thank you.
Re: Marital home
puma931 - 23 October, 2017 02:09PM
Your partner and his ex should attend mediation to try and resolve their finances. They will both need to complete a 'Form E', which sets out income, savings, value of house and other assets (cars etc), value of pensions, mortgage and loans. From this full account they will need to agree on the best way forward i.e. who gets what, what happens to the house, what the ex-wife and child(ren) can afford to live in (buy or rent) and what if any spousal maintenance needs to be paid. If it is not possible to agree a way forward then the only option is to go to court where a Judge will decide. This process is quite long and costly if using solicitors/barristers, but it is possible to self represent.

Child maintenance is a separate issue and there is a calculator on the government website that sets out what needs to be paid.

In my experience, if your partner earns significantly more than his ex-wife, then it is highly likely that spousal maintenance will be awarded. Plus the judge will need to consider where the ex-wife and child(ren) will live and what is affordable to them, whist also balancing what your partner needs to live on. In addition, if your partner is living with you, then his ex will argue that your financial circumstances should also be taken into account.

Good luck.



Edited 1 time(s). Last edit at 23/10/2017 02:09PM by puma931.
Re: Marital home
missbeckylou - 23 October, 2017 02:14PM
Thank you for replying. They have been to mediation and the form has been done... there just is no way forward. She will not leave the home.

An agreement had been made but she has decided against it.

It's all very sad!
Re: Marital home
Andyk - 23 October, 2017 02:44PM
The only way that he will be able to come off the mortgage is if she can prove that she has enough earnings to take on the whole mortgage, if she doesn't then your partner is pretty much stuffed as the bank will want to cover their risk. I cant imagine that the house would be ordered to be sold as the primary concern will be for the child to be housed. It might be that his ex has to indemnify him against her defaulting on the mortgage (paid by a combination of earnings/benefits/maintenance/child maintenance or whatever she has) and the house is wholly signed over to her, or he might be able to get a mesher order that gives him a % of the value of the house at a trigger point such as her selling it, getting married, co habiting or the child ceasing full time education.

He really needs to progress a divorce and deal with the finances otherwise he will be in this situation indefinitely. His ex has no incentive to do anything as it appears that he has been paying for everything, so why would she.

As for you having full custody of the child, I cant see the child's mother giving that up.
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