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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My husband deserted me leaving me with a massive mortgage commitment.

Customer Question

My husband deserted me leaving me with a massive mortgage commitment. He said he couldn't afford to keep up his end of the payments. I have struggled for the last 3 years to meet payments also all other household expenses, buildings insurance etc. We agreed to sell house but it has proved a long business. We now have a buyer. My husband signed a paper 2 yrs ago agreeing to me using the whole of the proceeds of the sale to purchase a home for me. I am near retirement and cannot get another mortgage. He is younger by 5 yrs. all the money for deposit in house and improvements were paid by me as he had nothing. He has recently spoken to a solicitor and seems to want to renege on our agreement when we have a buyer finally. Is the document he signed legally binding? He has a private pension. I have none. Where might I stand. I cannot afford legal advice and am self employed. There are no children of the marriage. He left me after 5 yrs married.
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
Further to my question. I am worried we'll lose our buyer if we cannot solve this problem. I need to instruct conveyancer or buyer will likely pull out. I cannot afford to go on much longer with this crippling mortgage debt. If the paper he signed will stand up in law it would make. Huge difference to my circumstances.
Expert:  Harris replied 1 year ago.
Hi, thank you for your question. If you pursue a divorce you will also be able to apply for financial relief from him if you are unable to meet your own needs and the court can look at sharing his pension with you. In relation to the agreement he has made, this is not legally binding but if this is what you still wish to pursue you can present it to the court and the court will decide whether to hold him to it. The problem you may encounter is that upon sale he has a right to pursue a share of the equity, even if his name is ***** ***** the title.The court looks at the criteria below when deciding how to divide assets and make financial orders, with a starting point of a 50-50 split of all matrimonial assets and ensuring that both your needs are met in relation to both assets and income. Initially this should be attempted either through mediation (you can find independent mediators here: familymediationcouncil.org.uk If a settlement is agreed this can be submitted to court under a consent order (together with a D81 form outlining your respective financial positions).If mediation does not progress you should then proceed with an application to court under Form A for financial relief. This would include consideration of all your assets and financial position, as well as your needs, as well as his financial position and needs and the court will decide what is fair when considering the following criteria:1. The income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future, including in the case of earning capacity any increase in that capacity which it would in the opinion of the court be reasonable to expect a party to the marriage to take steps to acquire;2. The financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;3. The standard of living enjoyed by the family before the breakdown of the marriage;4. The age of each party to the marriage and the duration of the marriage;5. Any physical or mental disability of either of the parties to the marriage;6. The contributions which each of the parties has made or is likely in the foreseeable future to make to the welfare of the family, including any contribution by looking after the home or caring for the family;7. The conduct of each of the parties, if that conduct is such that it would in the opinion of the court be inequitable to disregard it;8. In the case of proceedings for divorce or nullity of marriage, the value to each of the parties to the marriage of any benefit which, by reason of the dissolution or annulment of the marriage, that party will lose the chance of acquiring.If you have any further questions regarding this please let me know. In the meantime if you found this information helpful please provide a positive rating. I will not be credited for answering your question without a positive rating. Thank you
Expert:  Harris replied 1 year ago.
Hi, this question remains open. If you found my information provided helpful please could you rate my response positively as I will not be credited for my response without a positive rating.