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  • C7714601
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11 Nov 23 #522054 by C7714601
Topic started by C7714601
My husband left me and we have been separated for 9 months. He moved back in to his mum house and I stayed in the family home with our children, 1 child is under 18 and the other is over. He is still paying the mortgage and I pay the bills, he now wants to sell on a 50/50 split. I’m on minimum wage, can’t afford the mortgage alone, have no saving to buy him out. He has security where he is. I will be left with no home for myself and children. I can’t afford a solicitor, yet he can. I’m stuck, please help

  • hadenoughnow
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11 Nov 23 #522055 by hadenoughnow
Reply from hadenoughnow
Welcome to Wikivorce but sorry you find yourself here. 50:50 is the start point for division of assets but it isn't often how things end up, especially where children are involved and one party is on a much lower income.
How much do you know about your ex's financial position?
The first step is full financial disclosure. That way you can both know what the other earns, what assets they have (including pension) and what they may owe.
Then your reasonable needs have to be assessed. This may include providing examples of suitable properties.
Affordability is another consideration; you need to see how much mortgage you can each reasonably obtain.
What is the older child doing? If they are at uni their needs still count.
When you have all the information you will be in a better position to work out what you need to meet your reasonable needs. If the pot won't stretch, the priority is stable and secure housing for minor children. Don't forget pension sharing.
You can post your figures here for advice or you may want to chat to one of our consultants. If you can I would suggest using our fixed price legal financial consultation to get cost effective legal advice on your position and fair settlement.
If you can reach agreement perhaps with the help of mediation, you can have a legally binding financial order by consent once the divorce is at conditional order stage.
There's lots of guidance on the site so do have a good read and ask as many questions as you need.

Hadenoughnow

  • ChangingmaN
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15 Nov 23 - 15 Nov 23 #522070 by ChangingmaN
Reply from ChangingmaN
May i ask, is it a joint mortgage ? and whose name are the bills under?

Also, your circumstances prevent you from your own place, so without hesitation, apply for a home rights order, this prevents the sale of the property until an event is triggered, for example youngest child turns 18.

Last edit: 15 Nov 23 by ChangingmaN. Reason: added advice

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15 Nov 23 #522071 by C7714601
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Joint mortgage and utilities in wife’s name only. I’m guessing these orders can on be made when the divorce process has started?

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15 Nov 23 #522072 by ChangingmaN
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Home rights can be made at anytime once the divorce has been applied for

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15 Nov 23 #522074 by hadenoughnow
Reply from hadenoughnow
Is the house in joint names as well as the mortgage? If both names are on the deeds there's no need to worry about home rights.

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16 Nov 23 #522080 by C7714601
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Yes the home is in joint names it’s only the utilities ect that are in one name only.

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