i dont want to sell house i cant afford to buy his share
2006-10-26 07:08:23 · 20 answers · asked by marie k 1 in Family & Relationships ➔ Marriage & Divorce
ive been seperated for 4 half years he has a council house he kept all his redundancy money ive not had a penny of him for the kids and they were 16 14 12 then
2006-10-26 07:29:21 · update #1
ive been seperated for 4 half years he has a council house he kept all his redundancy money ive not had a penny of him for the kids and they were 16 14 12 then
2006-10-26 07:29:23 · update #2
i am paying the mortgage without his help
2006-10-26 07:34:28 · update #3
I've been there. It's going to be a matter of state laws and your respective incomes. What you or he wants, or views as fair may not have a lot to do with it. With more detail, I'd be glad to advise further, but it sounds as if you're going to need a good divorce lawyer. By the sound of it, in the end, you'll probably both lose, while the lawyers will certainly take their share. If I were you, I'd prepare for a worst case scenario, just in case.
2006-10-26 07:16:18 · answer #1 · answered by Anonymous · 0⤊ 0⤋
You can argue that you wish to remain in the house to let the children stay in their home if you can afford to pay the mortgage (including your income and any alimony or child support payments). Then, at some later date when you DO sell the house, he would get his share of the profits.
Even if you cannot afford to buy out his share and get a mortgage for the house all in your name, you could continue on as you are now, perhaps with some condition that you apply to refinance solely in your name periodically, with a set date when all the children are grown and gone that you must refinance or sell the house and split the proceeds.
Discuss your wishes with your attorney or divorce mediator, and present a plan that makes it feasible for you and the children to remain in the home and show how you can pay the mortgage.
If you simply can't afford the mortgage even with support, you'll have to sell the house I'm afraid. And if your ex argues that he needs to have his name off the mortgage now in order to effectively move on with his life and get a house of his own, the court may order you refinance or sell.
2006-10-26 14:16:52 · answer #2 · answered by wynterwood 3 · 0⤊ 0⤋
Ive just been through this stuff-
depends on what he has put into house previously
wether you have had other man living there with you.
also how much money and assets he has compared with what you have.go to solicitors for advice. get legal aid.
as you don't have children under 16 you will probably have to sell house anyway.he and you will have to make a financial statement with proof of what you have earned in last 12 months . eg bank account statements etc.outgoings. ownership of cars . amount of equity in house... currently he is joint owner and can expect probably not 50 percent but at least 30 0r 40 percent. this said...how long was he paying mortgage? many years i guess.
if you left him you deserve to suffer a bit don't you think. .... if not well i think you will anyway
hey ive just been reading some of these answers im afraid many like ms wisdom are totally wrong....and no your children are over 16 so that wont help you at all.....or human rights stuff.
family law court will sort it out pretty fairly normally. and yes they will demand sale of house in many cases
2006-10-26 15:19:12 · answer #3 · answered by budgeeeuk 2 · 0⤊ 0⤋
Get yourself a good divorce lawyer. It's amazing what they can for you. A lot depends on if your children are in University/ Full time education. Also if you have or have had a partner living in with you who has been contributing, that will go against your claim. If he hasn't paid maintenance for that long, you should be able to claim your share of what you've paid towards the mortgage and may even be elegable for a fair chunk of back pay. Go get yourself a lawyer girl and fight for your corner!
2006-10-26 14:45:38 · answer #4 · answered by Val G 5 · 0⤊ 0⤋
Well, he has the right to ask you to sell so that he can get his half share. Try looking at getting a mortgage - some Buildings Societies take Child Allowance and Tax Credits into account, so you might be able to afford it. Also, you might be able to get Council Tax rebates etc. Best of luck.
2006-10-26 14:10:33 · answer #5 · answered by Ally 5 · 0⤊ 0⤋
I am in a situation not so different, you cannot be forced to sell the prop untill the youngest child has finished full time education which includes uni time if local however after that all bets are off its down to fighting it over via the court system
2006-10-26 19:18:00 · answer #6 · answered by heartbroken 1 · 0⤊ 0⤋
Who is getting custody of the children? Who ever has the kids should get the house until they are all out of college. The house can be sold and the proceeds divided at that time. In my state you can get child support until the child is 21 as long as they are in school and passing the classes. Of course I am assuming he is their biological father.
2006-10-26 14:13:00 · answer #7 · answered by Suesan W 4 · 0⤊ 0⤋
It is maybe true that you get to keep the house if you have kids. problem is yours aren't classed as independents anymore. You need to see a solicitor and it may be that you have to see the house and then buy 2 different ones if neither of you can afford to buy the other one out.
2006-10-26 14:12:05 · answer #8 · answered by Katie G 3 · 0⤊ 0⤋
Unfortunatly you'll have to sell and split it with him but let your lawyer handle all that! start taking stock of your impending new life wich will be quite different. Changes will have to be made, new adjustments, Don't panic its not all bad, sometimes its the best thing to happen to a person. Fresh start, new surroundings, try and find the positive side. You will be stronger in the end!
2006-10-26 14:38:40 · answer #9 · answered by spinner4567 2 · 0⤊ 0⤋
The only other recourse would be to find something else of equal value to his half of the house and give him that instead. I am not sure what your may have that is of equal value but by law he deserves half of the value of the house. Good luck.
2006-10-26 14:12:04 · answer #10 · answered by willinkc 2 · 0⤊ 0⤋