help towards mortgage payments?

STBX is adamant he wants to stay in FMH. The only way he could buy me out is to take an interest only mortgage, but I can't see how he could afford even this, unless he stops eating (or more to the point, drinking). Are there any benefits available to someone stupid enough to try and do this?

Presumably a court would say he needs only a 1 bedroom place (on his own, no children). I don't want to look as though I'm forcing him out but I can't move on properly till I get my share of the equity.

Pixy, to answer your question, it is possible, within limits, to get the inteerest element of a mortgage paid as part of income support. Whether this applies to your case, I can't say, of course.

The bottom line is that both of you need homes. He certainly couldn't increase his mortgage and expect income support to stump up for the extra.

I think a Court would have to look at both your needs but without more info I can't comment.

LMM

Ta. We have a 4 bed house in need of modernisation, in estate agent jargon. Children adult, one at uni. He's retired. I work and earn substantially more but have short career and if I were to retire today (already over state pension age) would have a smaller pension than his. Hoping to hang on to job for another 2-4 years. He wants to stay in the house. I am moving out into rented accommodation as I can't hack the stress.

We have probably got approx £400K equity. What with insurances, my inheritance and savings a 50/50 split would give him something like £215K which would easily buy a v nice 2 bed flat or a 2 bed house with garden (he wants garden). Either would have smaller rooms than we have become used to.

Try not to worry over it.

From your perspective, the question is, "can he get you released from the mortgage and raise a suitable lump sum to buy you out?" If the answer is yes, then how he manages it, andwhether he can afford the repayments, is his problem and not yours.

If the answer is no, then you can ask for the house to be sold, and the court is likely to order this. He can still be the one to buy the property if he can then beg or borrow the money from somewhere.

It may be that if he does remain in the house, he will find it unaffordable and will end up having to sell the house fairly quickly.

It may be that he would look at equity-release schemes which, while not generally a good idea from a financial perspective, might achieve what he wants.

It may be that he would find some way to supplement his income - taking in lodgers, for instance.

But ultimately that would be up to him.

You should also look at your own financial position - do you wish to go on working?

If his pension is greater than yours you do potentially have a claim against his pension, to leave you in a more equal position.

Thank you. Our pensions aren't that far apart and if I keep working for a few more years our pensions will equalise so I am inclined to think we should treat them as income streams rather than capital assets.

I like my job most of the time; would prefer to work part time but need to build that pension up. He can't afford the house unless I continue paying all the bills but I would like to stop doing that and have a Clean Break. I could not in any case pay the bills once I am retired.

As and when I retire I would be intending to continue working but on a voluntary basis and according to my own priorities. What really worries me is finding that the current disparity in income makes a court give him more than 50% because then I would be well and truly scr*wed.

I thinm it is legitimate to say to him / a court that you wish to reture and cannot do so beacuse of your pension needs.

I do not think a court is very likely to say he should get more than 50% becasue he does not need that in order to be suitable housed - his "need" would be based on his wish to remain in a house which is far bigger than his needs.

It would not normally be reasonable to expect you to pay the bills if you are not living in the house (make sure you get final bills if any are in your sole name or in joint names, beofre you move out, and then take your name off)

In the very short term, until the hosue can be sold (or he buys you out) it may be reasonable to make a contribution but this would only be a holding position until the house can be sold.

If your husband seeks to argue that he should have more than 50% of the hosue as you are still working, it is reasonable for you to seek a share of his pension and to make it quite clear that you wish to retire (being of pension age) and are continuing to work solely to try to replace that pension.

Bagpuss you've cheered me up no end! Thank you.

When I say I pay the bills I mean I pay a sum equivalent to them plus extra to cover food purchases for us both into his account every month. I've been doing this for a almost a year now; I thought I ought to as a sort of spousal maintenance. If I stopped doing that he might be just about solvent if he stopped frittering and started budgeting. Could I reduce it to say 1/2 or 3/4 of the bills? I don't want to sound mean or vengeful (though I recognise that I might be both) but the financial crunch might just jolt him into the real world. Besides as of this week I have rent to pay and a flat to furnish; I'll take some pieces from the house but will need more and even second hand furniture does not come cheap.