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Advice on divorce and house please

  • MiserableMan20!
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04 Jul 23 #521377 by MiserableMan20!
Topic started by MiserableMan20!
Hi, I've been advised this is the best place for advice especially when solicitors not responding back ! Can anyone advise best way forward when ex wife is just hitting low at every point to avoid a quick and easy divorce and house sale. My circs are we separated for 6 years. I never forced a sale as she advised couldn't afford to buy me out. I have 2 kids under 18 (15 and 17). Ex not paid mortgage for 9 months (before interest rate shot up). I wasn't advised as not had any dealings with house as i pay CSA i didnt even know who mortgage was with. They tracked me down to my new address (as ex didn't want me knowing as wanted to hurt my credit record first) which is fine as better to know why my credit record is screwed all of a sudden. Anyways she now wants to sell as we owe 180K and equity now is 270K, we agreed verbally 30% to me 70% to her and house is going through. However, not sure if equity will affect her benefits or why she is stalling all of a sudden as solicitors engaged etc and could risk losing sale. We was going to do a quick divorce online but I've since heard i'll be expecting a letter any day to say she is going after all the equity and Spousal maintenance. ( i don't earn big and from google research looks only if high earner but could be wrong. Can courts ask why been separated for 6 years and not needed this then? she has a better job herself and has received a lot of benefits. My question is can she do this legally when mortgage company are threatening eviction and we have a buyer lined up? Mortgage is interest only so in our best interests to sell asap, take the equity and private rent as planned? Any advise offered as i had a 1 hour appointment and never come back to me or answering my calls? I'm not sure if its worth me applying online quickly for the divorce to get it rolling but then this is pointless if she has done this already?? really stuck as you can probably tell. 6 years of hell, verbal abuse, hurting kids emotionally (and physically on her part) so unsure where to turn next....

  • hadenoughnow
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08 Jul 23 #521394 by hadenoughnow
Reply from hadenoughnow
Hmm. Is it a joint mortgage? The problem with a joint mortgage is that you are both liable for the whole debt. If one does not pay, the other is expected to. If it is not a joint mortgage it is her liability alone.

If it is joint, you may be able to stave off repossession by talking to the mortgage company. If a sale is inevitable, you will both have to agree to it if it's in joint names. Any black marks on your respective credit records will have an impact on your ability rent or buy in future.

At the end of the day you have two minor children who need stable and secure housing. An immediate division of equity may not be appropriate if all of it is needed to secure housing. What would it cost to buy a 2-3 bed property?

You can have the funds held pending legally binding financial settlement.

The whole financial picture needs to be considered - assets, incomes, pensions etc. You mention her benefits income. Are you working and earning??

You really need to provide a fuller picture of the financial situation.

As far as the divorce goes, no fault divorce can be applied for by either or both of you. You could tell her you agree to a joint application but if she's already applied there's no point applying again. You can apply for a legally binding financial order once there's a conditional order in place.

Hadenoughnow

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