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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34106
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Hi, My husband and i have been seperated for 1yr. He still

Resolved Question:

Hi,
My husband and i have been seperated for 1yr. He still lives in the property i left as i moved out but the house is in my name but he has been paying the mortgage. He maybe in a situation where he cannot pay it and to stop it being repossed, should i go ahead with a divorce and then it will become an asset of the divorce or should we just sell it? I will want to divorce but just wandering whats easier? Thanks.
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is XXXXX XXXXX I will do my best to help you but I need some further information first.
How much is the house worth and how much is outstanding on the mortgage?
I she likely to agree to a sale?
Clare
Customer: replied 3 years ago.
Hi Clare,
The house i believe is worth around £500,000. It was bought for £440,000 Im not sure how much is left but i know its still substancial.Thanks.
Expert:  Clare replied 3 years ago.
Hi
Will he agree to a sale?
Clare
Customer: replied 3 years ago.
I am not sure that he would...There is a risk his circumstances will change quite drastically and will not be in a position to pay the mortgage. I'm just wondering that if it was part of a divorce settlement it would stop it being repossessed?
Expert:  Clare replied 3 years ago.
Hi
Why is the house in your sole name?
Clare
Customer: replied 3 years ago.
I really can't remember. All i know is that im stuck with it and now i don't want it anymore.
Expert:  Clare replied 3 years ago.
Hi
Then there are two options available to you.
The first is to tell your ex that he needs to obtain a new mortgage in his own name or the property has to be sold
The second is to say that the property has to be sold in any event so that you can have your share of the equity.
If you wish to go the second route then you will indeed need to start the divorce proceedings and apply within those.
If you need further details on either option then please ask
Clare
Customer: replied 3 years ago.
Can you give me a bit more advice on the second option? I want to start divorce proceedings but want to use a cost effective option.
Expert:  Clare replied 3 years ago.
Hi
What was the reason for the separation?
Clare
Customer: replied 3 years ago.
He had been physical with me a couple of times, he was controlling and he didn't treat me like i thought i deserved.
Expert:  Clare replied 3 years ago.
Hi
Then you can issue a Divorce Petition based on his Unreasonable Behaviour - the process is set out here
https://www.gov.uk/divorce/file-for-divorce
Once that is under way you can discuss how the financial matters will be dealt with using Family mediation (www.famolymediationehlpline.co.uk)
Clare
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