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what will happen to the property

  • realfruit
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14 Nov 24 #524564 by realfruit
Topic started by realfruit
I have 3 children from 1st marriage (wife passed away). I have another child from 2nd marriage who I have half the time. I also have 3 children with 3rd wife who has moved out of the family home with them.

My wife wants to sell the house. If we did that neither of us would e able to afford to buy a house that meets our requirements in the area as neither of us would be able to get a big enough mortgage. She would need a house for our 3 children. I would need a hous that can accomodate all 7.

However, either of us could afford to stay where we are as we have a good fixed mortgage rate and a would be a lot cheaper than getting a new mortgage and I could have all 7 here here. Obviously some of the time it would be just my 3. But then I would need every other weekend 9or however it works out) that I would need rooms for all 7 here.

Child ages range from 2 to 17.

Is there a likelihood through divorce proceeedings (if we couldnt agree before) that I would be able to keep the house?

Finaically I can affod it, no proble. The only isue would be if my wife removed her name from the mortage and i was forced to reapply it is unlikely the mortgage company would say I can afford the mortageg on their crtieria (Ill seek separte advice for this aspect)

I would be happy to stay here. I need

  • EMC3419
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14 Nov 24 #524565 by EMC3419
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Your chances of keeping your wife named on your mortgage when she has to house the three youngest children at least half of the time are nil. Such an order would be grossly unfair to her and no court would allow it.

The best you can hope for is that the court agrees to defer the sale until the fixed rate period ends, assuming it is going to end at some point in the next 4-5 years, and to make it fair you would be ordered to be responsible for all of the mortgage, insurance and maintenance costs in that time. The court might also think it fair that she gets more than half the equity when it is sold if she has had to rent at a higher cost to your mortgage in that time.

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14 Nov 24 #524566 by EMC3419
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I should also add that the court would see your need to house 7 children as your problem, not hers.

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14 Nov 24 #524569 by realfruit
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Thank you for the reply. I was in no way saying about keeping my wife's name on the mortgage and would not expect that to happen. I was simply stating it was an issue for with the mortgage and the possibility of one of us (me in this case) staying in the property. Both of us could afford to stay in the house independently (her disposable income is quite a bit more than mine) but she does not want to stay in the house.

I am also aware about the mortgage, insurance etc. I have been paying that for the last 4 months she's not been here anyway and not an issue.

If we sold the house, neither of us would be able to afford to buy elsewhere and I certainly wouldn't be able to afford to rent.

Thank for you comment about the rent/equity split. I'm not asking about the equity split. There are a whole load of other factors in that which I haven't mentioned as not relevant to the question Im asking and a difference of £150 extra per month for paying rent doesn't make much difference in terms of the equity split.

From your comments I think you have misinterpreted what I was actually asking with thinking this is me trying to get one over my wife, which is not the case. I would want the best for both of us and all our children. I just didn't believe selling and putting us both in a position of having to rent is that. And yes I understand about her share of equity, having to pay rent etc. But this is about what's best all round.

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