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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33283
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My husband left me and the family home 15 months ago. I have

Customer Question

My husband left me and the family home 15 months ago. I have been paying the joint mortgage for the past 12 months on my own. The capital I am paying off is approx. £6000 per year. Am I entitled to get this money back. We are not yet divorced. The nisi was granted 8 months ago but I have been advised not to apply for absolute yet as the financial consent order and pension sharing order has not been agreed between my husband and myself yet.
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How much is th h ouse worth and how much is outstanding on the mortgage?
How long were you living together and are there any children involved?
Clare
Customer: replied 2 years ago.

The house is worth 400,000, outstanding mortgage is 150,000. we have been married for 20 years. There are two children, one is 18 the other 9.


 

Expert:  Clare replied 2 years ago.
Hi
Does the nine year old live with you?
Is your ex paying Child maintenance?
What offers of settlement have been made?
Clare
Customer: replied 2 years ago.

yes the nine year old lives with me. yes he pays child maintenance.


50/50 on pension sharing. 60/40 or 65/35 on financial split.


 


Our sticking point as been when to put the house on the market as I am self employed and need time to get my business to achieve decent profits to obtain a mortgage.


 


My ex has bought a house with his new partner.


 


It could be another 12 months before I am in a position to get a mortgage.


 


So I would have paid off a further 12 x 700 worth of payments of which approx. £6000 of this is paying off the capital.


 


 

Expert:  Clare replied 2 years ago.
Hi
How much do you need to rehouse yourself?
What income do you each have?
Clare
Customer: replied 2 years ago.

I would need approx. 260,000 to rehouse myself


 


I earned 15,000 last year.


 


His income is approx. 35,000 and his partner earns approx. 30,000

Expert:  Clare replied 2 years ago.
Hi
Is that in a two bedor three bed property - and what is your mortgage capacity?
Clare
Customer: replied 2 years ago.

That is for a 3 bed property. My mortgage capacity is about 40,000

Expert:  Clare replied 2 years ago.
Hi
Do you want to delay the move - or would you rather move sooner - is an immediate sale wnd his equity going into the new property until the youngest is 18 something that has been considered?
Clare
Customer: replied 2 years ago.

I would like to delay the sale but my husband is pushing for the sale as he wants his equity (even though he has rehoused himself). He has told me that if I don't agree to sell and it goes to court, a judge would prob rule that I should sell the house as there is so much equity in it and a judge would say that it wouldn't be fair for my husband to wait until my daughter is 18 to get his share.


 


I could take it to court but its very costly to do this and I could lose also.


 


I would like to delay the sale for a year or so but if I do my husband will not agree to the 65/35 split, nor the 50/50 pension share He will want a larger share.


 


I believe I can not apply for absolute until this is agreed? I also believe until we are divorced I can not get the mortgage put into my name so therefore I am not entitled to the credit for any reduction in the sum owing on the mortgage from when I started to pay it on my own until the redemption?

Expert:  Clare replied 2 years ago.
Hi
How long has the mortgage got left to run?
Clare
Customer: replied 2 years ago.
16 years
Expert:  Clare replied 2 years ago.
Hi
Then I have to ask - are you sure that as much as £6000 is likely to be paid off the interest this year?
Clare
Customer: replied 2 years ago.
Yes. I have checked . We' are on a very low interest. Rate
Customer: replied 2 years ago.
Yes
Expert:  Clare replied 2 years ago.
Hi
Last question - how much would a two bedroom property cost - just for comparison
Clare
Customer: replied 2 years ago.

200,000 - 250,000
Expert:  Clare replied 2 years ago.
Hi
The priority for the court is the safe and secure housing of your youngest child until that child is 18.
If the house was sold tomorrow then you would need at least £200,000 to rehouse yourself - so the most that he would receive at this stage is £50,000 if the house was sold immediately - and he would have to wait for the rest until your youngest is 18.
With this in mind he may prefer to wait the year so that he can have the full money sooner rather than later
The problem with regard to the payment off the capital he will argue that you are already receiving a larger share of the equity and are living in the house and at present he cannot get a new mortgage.
There is no reason why you cannot get him removed from the mortgage prior to the Decree Absolute - if the Mortgage company will agree - but this does not change the position with regard to the equity.
The bottom line I am afraid is that this is a matter for negotiation - possibly using Family mediation - if not the whilst I think you would win on the equity share the court may be less sympathetic about the capital payments
Please ask if you need further details
Clare

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