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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 22624
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
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Hello, Husband has left me and the marital home for another

Resolved Question:

Hello,

Husband has left me and the marital home for another woman. The marital home is mortgaged to the tune of £70,000 and the mortgage is solely in his name. It is an interest only mortgage with another 14 years to run.
I would like the mortgage turned into a repayment mortgage as some kind of security for our old age - however, I will only be able to pay half the repayment and I would expect him to pay the other half. The house is in a bad state regarding decor - I am prepared to pay to do the house up without financial help from husband.
I would also like my name put on the mortgage as further security for myself and our two grown up children (with whom he has not spoken since last June, when he left).
Husband is reluctant to do any of this - although he has stated that he has been in touch with mortgage company twice to get this all put in place - but it would seem he is lying as I have seen no paperwork.
I am paying, at present, £215 per month toward the £415 mortgage and am paying all household bills.
Please can you tell me where I stand legally? Can he sell the house out from under my feet?

Yours faithfully,

Lucie
Submitted: 4 years ago.
Category: Law
Expert:  Stuart J replied 4 years ago.
Hello, I am Law Denning and I am a practising solicitor in a High Street practice. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects. Because we are all in practice with clients and court and other users, I might not always respond in minutes. Please bear with me in that case

It is my pleasure to try and assist you with this today. Please bear with me while I gather some further information from you in order for me to be able to advise you fully.

Unless I have all the facts that I need, my answer would not be accurate.

Are you divorcing?
Customer: replied 4 years ago.

I have no plans to divorce him until the issue with the house is sorted out. I feel I am in a safer position whilst still married to him - I may be wrong??

Expert:  Stuart J replied 4 years ago.
Do you have children? Ages? How long married?
Customer: replied 4 years ago.

We have two children: a daughter aged 32 and a son aged 27.


Husband and I married 26 years ago and had been living together for 7 years before marriage.


We bought this house 26 years ago on a joint mortgage, but he had a business failure and needed to remortgage some 11 years ago. As I was unwell at the time, husband took the mortgage out in his name only with a new mortgage company.


Both the children are back at home with me to help me pay the bills.

Expert:  Stuart J replied 4 years ago.




Your children are
over 18 and therefore no longer dependent and hence, out of the equation.

He does not have
to pay the bills or the mortgage of a house that he does not live in although
he remains liable to the lender stop he is therefore not liable to pay half of
the mortgage.



This should all
be sorted as part of the ancillary matters in the divorce proceedings. The two
go hand-in-hand.



It is likely that
all the assets including the house, will be divided down the middle. That would
include any pensions.





Depending on what you earn and
depending on what he earns there is a
possibility of a liability for spousal maintenance, maintenance paid to keep a
spouse , as opposed to children. Although most commonly paid from husband to
wife, that is not necessarily the case. Spousal maintenance is based on both
incomes, ability to earn money, previous lifestyles and most importantly, need.
It is not about equalising incomes. There is no exact formula, but these links
will give some reading..



http://www.pannone.com/media/articles/family/family/spousal-maintenance-how-much-and-for-how-long



and



http://www.familylawweek.co.uk/site.aspx?i=ed33597



and



http://www.findlaw.co.uk/law/family/divorce_and_dissolution/maintenance/500184.html



 



Unless
he has enough money to buy you out, or you have enough money to buy him out
then selling the house is probably the only option.



It
does not matter that the house is in joint names or his name alone, the
financial outcome is exactly the same.



It
also does not matter who left who or why.



You should both try to resolve matters using family
mediation http://www.familymediationhelpline.co.uk/find-service.php



Although
it is quicker and less confrontational than court it isnt necessarily cheaper



If
this fails then you are faced with court. Do try to avoid solicitors arguing
because a pair of solicitors arguing will cost £500 per hour between them. That
soon mounts up. If you can agree what you are doing between you, then a court
application drafted by a solicitor is not expensive. It is arguing that costs
money.



There
is no legal aid for this.





Does that answer
the question.? Can I assist any further?



I am happy to
follow up any individual point you make



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off-line each day and most weekends.



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