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Urgent advise.. please help

  • missyk
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24 Jun 08 #28324 by missyk
Topic started by missyk
Hi... im currently going through a divorce and im living in a house that my husband owns. We have been married for 9 years and have a 5 year old child. My husband has not lived in the house for 4 years and we have been seperated for 18 months. He can now no longer afford to pay the mortgage and the building society state that they will repossess. where does that leave me and my child?

I cannot afford to pay it on my own and the SM he will be giving me wont cover the mortgage. Can he do this and what rights do I have???

Any advise would be greatly apreciated

  • LittleMrMike
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24 Jun 08 #28535 by LittleMrMike
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It's getting late ( for me - I'm usually up at the crack of dawn ) so I will try to be brief and we can discuss further if need be.

1. You should consider registering matrimonial home rights if the house is in his name, to prevent him selling or mortgaging the property over your head.
2. Do you work ? Is it possible you could afford the mortgage with a combination of your earnings, if any, tax credits,child benefit, and spousal maintenance ? Sorry but I don't know and need to know.
3. Re-possession is something to be avoided at all costs if you can. They will charge you or your husband all sorts of penalties, surcharges, costs, legal fees, you name it, and they will only be interested in getting their money. Your husband may need a little persuasion that re-possession is equally bad for him.
4. I recommend strongly that you get a full benefits check from a CAB,
5. The bottom line is that you will not be homeless. You have a child and therefore have a priority need for accommodation, ie the Council have to re-house you.
However such accommodation may well be substandard and
it may be better to get accommodation on your own account , and don't forget to investigate council tax/ housing benefit.
6. Spousal maintenance is worth investigating.

Sorry, that's enough for tonight ! But we can carry on tomorrow if need be.

Sweet dreams.
Mike

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