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seperation

  • sirrom57
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15 Apr 09 #107826 by sirrom57
Topic started by sirrom57
hican anyone give any advice,i seperated in aug 2008 and left the family home in nov.i am in a flat on my own paying all the bills ect,including a large amount of money on credit cards that were acumalated whilst married !since then i have been sending 100 pound a week to help cover cost of mortgage & a loan we had.my ex is still in the house and refuses to sell to sort things out she wants to keep it ,but can not afford it!! the kids are grown up so dont come into it.i have had the house valued to put on the market but she keeps on stalling saying that she wants her own valuaions & to get advice !
so my question is do i need to give this 100 pound a week to keep my share of the house ? concidering i a no longer there .
thanks

  • glasshalfull
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15 Apr 09 #107830 by glasshalfull
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As far as I am aware the law on joint mortgages is cut and dried -you own half of the equity within the house whether you pay that £100 a week or not.
My ex tried to prevent his ex being entitled to 50% equity upon the sale of the house that they had a joint motgage on - but he had been paying the mortgage every month. The fight cost £11,000 in solicitors fees but the result was - she was entitled to 50% because it was a joint mortgage.
So if you stop paying and she lets the mortgage payments lapse - you will also be 50% responsible for a repossessed house of course. But if you think that she can afford it or that if you were to stop paying it might lever her into selling, then why not?

  • Shezi
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15 Apr 09 #107833 by Shezi
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If the mortgage is in joint names then you are jointly liable to the lender. If you stop contributing and your ex can't pay, you are at risk of repossession by the lender for which you will be equally penalised.

You need some financial advice. If you give the following information in a post - someone here will be able to advise you. Alternatively, you could visit the free legal surgery here on Tues and Thurs 6-8pm

Your respective ages;

The number of children you have and their ages;

How many nights the children spend with each parent;

The length of your marriage and any period of pre marriage cohabitation;

Your respective incomes;

Your respective outgoings;

Your assets - both soley held and joint;

Your liabilities.


Shezi

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