About the mortgage and divorce?

Question

My husband and I have a joint mortgage but I do not contribute to it.If we divorce or separate will I have to leave the house?I cannot afford to pay the mortgage because my husband continued to remortgage in years past and also had us in arrears so the installment is now £900.We have 3 kids

I asked this question because he keeps saying that he pays the mortgage,it was his investment and if anyone has to leave it should be me.

Answer 1

This question really pisses me off

You women are entitled to what exactly ... what you are trying to say is that you married him for his money at the time without the kid?

All divorces I think from now should be 50/50 sell the house half to you half to him

Same access rights to your children 50/50

Answer 2

You are a joint owner and it does not matter that you haven't made an equal contribution in monetary terms. The law now recognises a wife who's had children as having made an equal contribution. If you end up getting divorced, you'll get the majority of the equity if the house is sold, or you'll keep the house at least until the youngest child is 18 and it will then be sold, and you'll get at least half, depending on what your income is at that time.
If you stay in the house your husband may have to pay maintenance to you in addition to child maintenance of 25% of his net income, so with tax credits if you get a part time job and maintenance, you will probably afford to keep the mortgage going.

You really need to see a specialist family lawyer (I'm one.). contact the national family law organisation www.resolution.org to find a divorce lawyer in your area.

Answer 3

Have the house appraised. What ever the total apprasial is, deduct what you guys still owe. Whatever is left is equity and will be split between the two of you. I would keep the house and buy him out. He has to pay child support for three children, and mabe spousal support depending on how long you were married. That should be enough to pay the mortgage and of course you will have to work. It will work out don't worry. If the kids are young you need the house, don't let him tell you that you can not afford to keep it he is full of ****. believe me. You can do it. Give him half the equity and let him go.

Answer 4

You are on the mortgage which means you are on title. You are entitled to half the equity. You are also responsible for the mortgage if he should stop paying. If you plan on divorcing, you will need to either buy him out, refinance and remove him from title or sell and split the equity. It doesn't matter who pays the mortgage. Your parents could pay it. It won't make it theirs. It is whoever is on title and on the mortgage.
Hope that helps.

Answer 5

if it ended up in a uk court they would look at who has actually being paying it and the situation upon which the mortgage was entered if you can prove that you have either contributed financially or that by staying at home (for example) he has had the opportunity to earn the money that is his then take him to the cleaners!!

Answer 6

If your name is on the mortgage it is both your responsibility whether you pay it or not, if he sells you are entitled to half. If he gets in arrears you are liable for half.

Answer 7

with 3 children a court would be in favour of yourself and you would probably be allowed to stay, and claim some sort of benifit
and the csa will screw your husband.

Although i have said this, i did give toon tigg a thumbs up

i dont know if laws are as good as they should be or not

Answer 8

It doesn't matter who pays the mortgage according to law what is his is yours. And what is yours is his!! So the house will still be equally yours!!

Answer 9

Divorce is 50/50. Sorry dear, but along with the goodies, you get half of the bills also.

Answer 10

You may be able to afford it if he pays child support and/or alimony....