You and I also interacted before on this same thing and here is the link http://www.justanswer.co.uk/family-law/821ld-hi-there-i-separated-wife-moved-months.html?al=1&r=emm%7Cexpert_follow_up_ppq_upsell_uk%7C40395297%7Cln=viewabox_ln&rpt=1020
but N's conversation with Mac was more recent.
1. E agreed to me divorcing her for her unreasonable behaviour, and DN was supposed to have been issued on 23/12/14 (not sure if it has)
2. She has taken out a land charge (some months back) preventing me from trying to sell the house
3. I have continued to pay the mortgage (and help with other things too)
4. She has signed up for the various benefits she's entitled to incl JSA.
5. She has issued a request for Child Maintenance effective from 27/12/14
5a. The CMS are sending me a form to apply for a reduction as the amount's unaffordable.
5b The building society are will to discuss a reduction in payments if 5a doesn't work.
6. But both to solve this problem, and in the long term, I would like her to leave the house and I sell it. She can get housing benefit and I would happily pay her deposit and removal expenses.
6a. E won't discuss this as an option at all.
Also: I have an extremely expensive solicitor waiting on me to start sending things for the "full and frank declaration". It seems to have cost a couple of hundred pounds just to send me a standard letter (with E's name found/replaced in the doc).
I have a £250 still on account with the solicitor. I am worried that this and a lot more money (which I dont' have) is going to get gobbled up in endless to-ings and fro-ings with which E simply won't engage, until it gets to court and she is told to.
That being the case, would it be simpler to handle it myself? I am also in touch with the ASP and they can provide a "Mackenzie friend" (?) for the day in court.
The value of the matrimonial home
and the amount outstanding on the mortgage
177.5k now to repay
173.8k to repay in/after March 2015 (sale before March 2015 could never happen anyway)
What is your gross income
and how much is the CMS assessment
I. is 10. O. is 16 in January.
I am currently paying the mortgage. Now it seems they (E, and the CMS) want me to pay the CM on top. (Plus my rent and living expenses :O)
We had a number of sessions with the mediators. the first was just over a year ago and the last in I think March. E didn't engage with the process and some sessions ended with her being hysterical, unfortunately. She has just one more session available on her legal aid, i think (and I am still paying my costs off).
The only conclusion - from the CIM - was that the kids want to stay in the house and are not especially bothered about contact with me. I would like to maintain contact, but setting up each and every visit is a struggle. They have been with me overnight about 5 times in the 18 months since separation, and a further maybe 10x day meetings for lunch/outings.
She was at one point trying to poison the well, but seems to have eased off a little in recent months.
She can't afford the mortgage because she has no income except benefits, so I think the court can order the sale, right?
If I get the court order as you describe, I will still be paying the mortgage in full PLUS half the 5924, won't I? That's simply not affordable on my salary and I guess the court would accept that. Also my contract ends in July and I could be unemployed then anyway.
I suppose what I really need to know is this: If a negotiated settlement is impossible, do I still need to go through the motions of trying to negotiate so I can show the court I have *tried* to negotiate? My understanding is that that is what the court wants to see.
If yes, do I need to complete the full and frank declaration, or will a simple email setting out my terms, which she would presumably either reply to with a refusal, or ignore, suffice? The terms would be very reasonable, and leave her better off than if she insists on staying in the house...
Thanks Clare. I've numbered points, if you could use in your response.
As I said she has no income other than benefits, no job and no apparent interest in finding one, so ineligible for any mortgage schemes. She can't move to another owned house, unless I apply for the mortgage, and I doubt that anyone would give me a mortgage for a house where I'm not going to be living.
For the shared schemes, you have to be a household, and since I'm not part of that household yet the only contributor I think that won't work either.
Our only options are (a) she stays in the house, I pay for everything, and we waste a massive amount of money for years to come, and (b) she moves into the rented sector and starts to claim HB asap. It's really the second option that I want to pursue vigorously, and preferably through negotiation and no Form Es.
If you could answer the numbered questions above that'd be really great. Thanks!
1. What is basic disclosure please? Does that involve both parties completing Form E and all the annexes, or is it something simpler?
2. What concerns might the court have vis a vis her English? I speak her language, and the court will provide an interpreter won't it?
3. The b soc have said that they would not agree to transfer the ownership into her name or our joint names: I have asked already. Are you saying that the court can *make* them agree?
3a. If they don't, can the court make me carry on paying the mortgage indefinitely (or until the youngest is 18)?
3b. What if I lose my job and can't afford it? As things stand, my employment contract runs out in July, and I don't know what will be happening after that: I don't think it will be extended.
4. You seem not to want to engage with my suggestion that she move into the rented sector. Is this because the court will not entertain such a possibility when it makes its order?
Happy New Year!