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Divorce - Children - And House
#1
Hi all

This is my first post here so please bear with me.
My Marriage to my wife broke down last April we have three Children 2 yrs 10 yrs and 13yrs, i left the Maritomal home but continued to pay the full mortgage, until my wife got Child Support involved once she did that i only now pay half of the mortgage plus maintenance.

We jointly own a 5 Bedroom house worth around 460,000 we owe about 177.,000 so over 100,000 equity each if it was a clean split.

We are currently going through Divorce proceedings and had our first directions hearing this week, where the judge basically said in not so many words, no judge in the land will make her sell the house, which is want i want so we can both start a fresh both buy new properties and both have the ability to look after our children.

He mentioned about an equity release, but what would happen if my wife could not afford a mortgage on her own is the only option then to sell, im worried incase the court order me to continue paying half of the mortgage as well as the Child Maintenance (which i would always pay) this would amount to half my wage and would completly ruin me in the sense i would not even be able to afford to rent and would affectivly be homeless, so i would never be able to have my children over night etc.

has anyone got experiance in this as i cannot sleep through worrying.

Prior to the court hearing she also managed to get a Non Molestation order against me based on lies with no evidence

Please help
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#2
(02-02-2017, 04:29 PM)Frodo Wrote: Hi all

This is my first post here so please bear with me.
My Marriage to my wife broke down last April we have three Children 2 yrs 10 yrs and 13yrs, i left the Maritomal home but continued to pay the full mortgage, until my wife got Child Support involved once she did that i only now pay half of the mortgage plus maintenance.

We jointly own a 5 Bedroom house worth around 460,000 we owe about 177.,000 so over 100,000 equity each if it was a clean split.

We are currently going through Divorce proceedings and had our first directions hearing this week, where the judge basically said in not so many words, no judge in the land will make her sell the house, which is want i want so we can both start a fresh both buy new properties and both have the ability to look after our children.

He mentioned about an equity release, but what would happen if my wife could not afford a mortgage on her own is the only option then to sell, im worried incase the court order me to continue paying half of the mortgage as well as the Child Maintenance (which i would always pay) this would amount to half my wage and would completly ruin me in the sense i would not even be able to afford to rent and would affectivly be homeless, so i would never be able to have my children over night etc.

has anyone got experiance in this as i cannot sleep through worrying.

Prior to the court hearing she also managed to get a Non Molestation order against me based on lies with no evidence

Please help

Should you not have enough to live off, you should ask CMS to change the amount you pay, to take into account your mortgage payement.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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#3
Yes. Often the mother and children retain tohe right to live in the house until the kids turn 18 or leave education.

If she takes on the mortgage payments your share of the equity is frozen and you can't access it until the house is sold when the kids are older.

So you think she could afford the mortgage payments? The court may not order you to pay anything towards the mortgage but equally they could if they think you can afford it. This is where you solicitor needs to earn their £'s and emphasise that you can't afford both beacuse you need to house yourself somewhere suitable for when the kids come to stay.

Divorce law in my opinion seems very outdated here.
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#4
(02-02-2017, 09:13 PM)Hazy Wrote: Yes. Often the mother and children retain tohe right to live in the house until the kids turn 18 or leave education.

If she takes on the mortgage payments your share of the equity is frozen and you can't access it until the house is sold when the kids are older.

So you think she could afford the mortgage payments?  The court may not order you to pay anything towards the mortgage but equally they could if they think you can afford it.  This is where you solicitor needs to earn their £'s and emphasise that you can't afford both beacuse you need to house yourself somewhere suitable for when the kids come to stay.

Divorce law in my opinion seems very outdated here.

Just to correct one part of Hazys comment, its when the young person is no longer considered to be a Dependent.

The deciding factor for this is when Child Benefit Stops. At 16 it might be extended if they remain in aproved education or training until the summer after the 19th birthday.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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#5
Mark

I've not really seen it discussed here but if the mother and kids get the right o stay until kids are non dependant. What happens if she decides to sell up and move. Would the NRP get their share then?
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#6
(02-03-2017, 04:42 PM)Hazy Wrote: Mark

I've not really seen it discussed here but if the mother and kids get the right o stay until kids are non dependant. What happens if she decides to sell up and move.   Would the NRP get their share then?
Its not the mothers right to say the kids are none dependent. At 16  while the young person would need consent to start any approved education or training (to qualify for child benefit), at 18 they can in their own right. If Child Benefit is not in payment, then they are a non dependant in law.

Division of assets has nothing to do with this. Ownership comes down to who has the bill of sale, or in the case of a house, who's name its in.
Even with a bill of sale, it can be disputed if married, as its "Family money" what was used, and if not, there might still be a claim under Civil Law.

A house can not be sold without everyone who owns it signing, and if someone only has a financial interest in a house, they can register an interest in it and their claim would be heard before any money is released.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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