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Separation and house equity

  • Ruthie5
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21 Sep 14 #445036 by Ruthie5
Topic started by Ruthie5
Husband and I separated few months ago. He had been having an affair, which has continued. I moved out of our marital home, which doesn''t have a mortgage. I didn''t want to stay in that area - up North - and gave up my job to move back down south and live with my parents for a bit.

I''m doing a bit of freelance work at the moment, and have a few 000''s in personal savings. Mum & Dad are happy for me to be here as long as I need, but as time goes on, I would really like to get a little rental flat and live independently.

I wondered what rights I have at this stage? Husband can''t decide if he wants the affair relationship or for us to try again. And I have had enough of waiting - and I worry it could go on for some time. Really, I want a sustainable plan for a couple of years - ie: to either resolve things or divorce - and be able to live independently during that time by either renting or buying a little flat.

I came into the relationship with £175k, all of which we put into our house - now worth around £400k. We also have a flat which my husband uses for work - I don''t want to live in either as I want to stay in this area. He has a son from previous marriage, so doesn''t want to make big decisions about our house.

Can I ask for some equity to be released from our house to enable me to live independently here? Well - I suppose I can always ask, but do I have any rights to this please? Husband is a high earner, and could potentially just take out a mortgage on our house..

Thanks in advance, Ruth

  • boudicca
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29 Sep 14 #445696 by boudicca
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Is the house in both your names? When I wanted to do this a few years ago because we owned the house jointly my ex had to sign and agree to any equity being released. We also had clauses in our settlement drawn up to indemnify him against any responsibility for payments of the advance against the house as this was being used for the purpose of buying me a new property.

  • sulkypants
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30 Sep 14 #445703 by sulkypants
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Yes it would reasonable to take some equity out can he afford to buy you out?

You need the home valued and if he buy your share out and you van be removed from the morgage try that or sell the FMH and split the proceeds

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