Thank you for your question
My name is Clare
I shall do my best to help you but I need some further information first
How much are the various assets worth and how much is outstanding on the mortgage?
What income do you each have?
My apologies for the delay. We have to work through our lists in order and sadly each time you comment you drop to the bottom of the list.
Are you able to obtain his release from the mortgage?
Sorry - a short meeting I could not avoid.
What exactly is it that your solicitor is saying that troubles you most?
Do you wish to move back to your home?
How many bedrooms does it have?
Forget about what he wants - what do you want?
Even if the mortgage remains the same?
Just because it is what he wants does not mean that it is what a court will order.
Your housing needs are important - which is why I am asking what you want!
If the mortgage stayed the same could you afford to live there?
Your ex cannot dictate what the settlement is and I am very concerned that your solicitor has not discussed your housing needs with you
Can you explain exactly what it is that your solicitor has told you as this does not appear to be in your interests at all
How old is your ex?
Did he actually work while you are together - you appear to have paid for everything which is why I ask
I have read all your notes and am still online and still trying to find away around things that allows you to retain and live in your property
You have had a long marriage but it appears clear that all the capital came from you and that you funded your life together.
He is still in his 40's whilst you are nearly 60 and unable to work through illness which may not resolve itself.
The current agreement - while it seems to be generous does not in fact leave you in a position where you can adequately house yourself - nor indeed earn an income to maintain yourself.
I believe that this is an accurate assessment of the current position
Whilst I understand the reasoning behind what your solicitor is doing I believe it is flawed
You will be left with the lions share of the capital - but in a position where you cannot house yourself and will still have no income
If you do not accept the current arrangement then yes you might end up with less capital BUT you would be eligible for ongoing spouse maintenance indefinitely - something I am sure your ex would wish to avoid
Is this where the pressure to re-mortgage is coming from?
Is he willing to be a Guarantor?
What did he do with his money while you were together?
What savings has he got?
So what financial disclosure has been made so far?
Did your solicitor not think that was a problem?
There is not helpful and then there is incompetence.
Just because a client comes to you with an "agreement" does not mean that you do not look at it properly
Now please understand that all I know is what is on this thread - and that tells me that this is a complicated case.
I can understand that your ex wishes to be able to purchase another property - that is reasonable - BUT it is also reasonable that you have a home that you can
afford to pay for
You know nothing of his financial position - if he does have savings then these will balance out the capital that he is "forgoing" in the proposed settlement.
Before you do anything I suggest that you speak to the Mortgage company directly and find out on what basis they would agree to release him but keep the mortgage as it is.
If a Guarantor is what is needed then your ex may have to step up and provide that if he wants the settlement to go ahead as it is.
If however you wish to simply keep to the original agreement then it is for his solicitor to produce the Consent Order for your solicitor to approve
You have already got the mortgage sorted in principle so there is nothing else you can do
If your ex continues to harass you then tell him you will call the police if he does not stop
I hope some part of that deals with your concerns - and that you can understand my worries about the agreement you have made
Please ask if you need further details
I can understand your confusion.
The first thing to tell your ex is that you will not be remortgaging until the financial side of the divorce has been resolved.
In fact you CAN do it - it would just not be in your interest to do so unless there has been full financial disclosure OR your ex helps you obtain a mortgage that allows you to stay in the property (which a buy to let will not)
Unfortunately I do know that it is very easy for me to say "tell him no" - but much harder to actually do.
However if you can bear it - and remember if you tell him not contact you but he still does you can call the police - then say to him that you cannot remortgage at the moment and release him BUT if he can find a Guarantor for you then you may be able to do so.
In the mean time send him a form E
and tell him that you both need to fill one of these in and exchange them before anything more is done UNLESS he wishes to help you get a re-mortgage at a reasonable rate
I know - but he wants his new mortgage more than you need to remortgage
Do not contact him by telephone again.
Always email or snail mail so you can keep a copy.
I will pick this up again tomorrow and we can do a step by step plan if you would like
Sorry - it has been a rather full day
I am very very glad that you now understand that things are not quite as you have been led to believe.
The only bad news is that I am afraid that you are not able to claim Housing Benefit as such - although you MAY be eligible to receive the mortgage interest payments as part of a DWP claim
Since there has been no financial disclosure you are entitled to reconsider your position.
To save funds at this point write a simple letter to your ex's solicitor saying
" I am no longer instructing my former solicitors.
I realise that I have not yet received any financial disclosure from my former husband, and I understand that I should not go forward unless and until I have received this.
Please let me know when you will be in a position to let me have a Form E. I am preparing mine ready to exchange it.
Please inform your client that if continues to harass me regarding the mortgage I will report the matter to the police. I shall not be taking his calls, or calling him in the future.
The current offer will make me homeless as I cannot get a re-mortgage on the property and accordingly i need to consider the matter carefully"
Once that is sent you will have some time to consider what you want to do next.
You can download a Form E and on a day when you are feeling well look at it - it is frightening at first glance - but when you actually look at it it is just about putting the information together.
At the same time you can start looking at your housing options - one possibility could be equity release - not a great option if you had children - but one which could leave you in your home.
I fear your original solicitor will indeed send you a bill, but if you pay it she cannot keep the papers.
You are entitled to act for yourself until you decide to instruct another solicitor - and you will not beed to look at the Consent Order until there has been full disclosure
You do not have to pay his costs - and you can do the Form E yourself - I suspect that you are more than capable of dealing with this and that it is only the bullying that is making you feel that you cant!
His partner does not fill in a form E - but he does have to declare her basic financial position
Your sister could be a guarantor - go back to your Mortgage Company and talk to them (not a broker) about what can be done
Equity Release is expensive BUT woudl allow you to remain in your home if that is what you want
No it is good - you are considering all your options to find the one that works best FOR YOU and that is what is important
If the property is sold will you be able to buy a new home?
What about Shared Home Ownership schemes
Actually it is available also to people in your position.
You will not need a mortgage - and you have a pension in payment which will help with the rent
Email him back and say that since he wishes to have the property then the bills are his to deal with
I will be back on later tonight !
How far has the divorce reached?
Can you now let the Jamaican property?
Do you mean the Acknowledgement of service?
Inform him that you have no funds so unless he returns the title deeds to you then he will have to pay the bills in Jamaica
Yes you can - at the same time you tell them that you are acting for yourself
I think you are right about the property - so write to his solicitors and say so