a man has left his home with wife and 4 kids. she cannot afford to buy him out. can he insist to stay on the mortgage until youngest turns 18 and then sell and get half??
2006-09-29 06:10:51 · 7 answers · asked by natasha3902 1 in Family & Relationships ➔ Marriage & Divorce
You'll need to speak to a solicitor, but if you're getting a divorce you should anyway. Stuff like this can be arranged as part of the divorce settlement. I THINK that his name can stay on the mortgage but if he's not contributing to the monthly payments then he's not entitled to half when it's sold.
It also depends on whose names are on the deeds.
Keep records of who's paid what for now, but seriously think about getting legal advice. Costly, but worth it.
2006-09-29 06:20:22 · answer #1 · answered by Fifi L'amour 6 · 0⤊ 0⤋
How is the wife going to pay the mortgage? If the mortgage is in joint names they are both liable for the loan, so if the mortgage company go for repossession because of non payment they are both liable for this. If he is paying the monthly amount and she stays there because of the children, there is nothing in the law that states they have to sell when the children hit 18. The children may leave home at 16 they may stay on at uni...it all depends on a lot of issues.
You would be best going to seek legal advice from a solicitor, if the lady in question doesn't have a lot of money she may get legal aid...some solicitors offer the first half hour free...check them all out....
You need a family lawyer. The website below will assist you in finding a lawyer in your area.
Good luck
2006-09-29 11:55:11 · answer #2 · answered by jemimaj 2 · 0⤊ 0⤋
YES he can. Tell him keep a record of all the payments he makes to the mortgage too. He has to keep roof over kids heads anyway till all left school, by then it may well be a good investment for this man,
2006-09-29 06:36:02 · answer #3 · answered by leigha 5 · 0⤊ 0⤋
my friend had this problem with her ex husband she got to children under 16 they had to sell the house ,because he wasnt paying the mortgage like he said he would
2006-09-29 14:01:32 · answer #4 · answered by carolyn m 3 · 0⤊ 0⤋
he can yes,unless you get divorced then the house will have to be sold.If he going to stay on the mortgage make sure he pays his share.
2006-09-29 06:45:56 · answer #5 · answered by candyfloss 5 · 0⤊ 0⤋
lol thats a dificult question however i dont think you will find the answer on Yahoo ask your self before others good luck
2006-10-02 03:43:48 · answer #6 · answered by Anonymous · 0⤊ 0⤋
yes
2006-09-30 20:56:29 · answer #7 · answered by Anonymous · 0⤊ 0⤋