The house is worth £300,000 and the outstanding mortgage is £39,000. They have been married for 16 years but together for 26 years.
Her husband earns £40,000 per annum and they don't have any other assets that I know of other than the house.
The outstanding mortgage is the only debt remaining.
Hope this helps and look forward to hearing from you soon.
Kind regards, Vicki
Hi, The house isn't on the market as yet, but will be soon following an official valuation. Her husband has a company pension, she is 46 and he is 47.
Let me know if you need any further information.
Many thanks, Vicki
Hi, I'm afraid I don't know the value of the pension but would Image its ok as he's had for at leas 20 years, if not more.
Hi, He couldn't afford to buy her out and no there isn't any physical violence.
Yes she has responded and yes he expects her to continue to pay 1/2 the mortgage if she leaves. This would make it impossible for her to pay both payments and he would know that, so makes no sense.
I would have hoped that they could have talked to eachother to resolve, but he refuses to discuss anything with her which is strange as he's the one who wants the divorce.
My niece who lives with both of them in the house is 21 and has said that she would want to live with her mum, so she will need to move to a 2 bedroom flat/house once they've sorted a way to do this.
Do you have all the information now to respond?
Thanks Clare, yes she refused to pay the divorce costs. Can I just check/clarify a few things: -
a) So she can move out and stop paying the mortgage and still claim 1/2 the property when it eventually sales. Is it likely that she would be entitled to more if she stayed in the house until the property sales? I'm just trying to understand why solicitors always recommend couples in the process of divorce to stay in the house. Are there any negative consequences of moving out, will this go against her in some way?
b) If she did move out and he couldn't keep up the increased cost of the mortgage, what would happen then? Isn't there a risk of the house being repossessed and her not receiving anything at all?
c) I was wondering whether there was any kind of 'equity release' scheme that might be applicable in her circumstances?
d) Are there any benefits that she would be entitled to as she would have to find a home for her and her daughter on quite a low income?
Also are you able to back up your answers with relevant legislation, ie how you know why moving out wouldn't affect her claim on the property etc.(eg Is this to do with length of time lived in the house?) I just want to understand the rationale of your advice, what led you to this conclusion. A link to further guidance would also be helpful?
Let me know, thanks, Vicki