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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 1767
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I hope you can offer a little advice for me please. My wife

Customer Question

I hope you can offer a little advice for me please. My wife and I are just at the start of breaking up and I have been told to move out of the house soon. The mortgage is solely in my name and I have been paying it on my own. My wife is pressurising me to put her name on the house but she cant afford to take the mortgage herself. so I wont be living in my house but it will still be accountable to me and the money will still come from my bank account. I cannot see for the foreseeable future how she will be able to afford it and the bank allow her to have the mortgage.
What does she gain from having her name on the house? I am also concerned because she could stop paying me at any time and I will still be paying the mortgage. We have a four year old son, and that's why I moving out and not selling the house, he is settled there. The house is pretty much the only thing I have as a bargaining tool.
Any advice would be greatly appreciated.
kind regards
David Cantrill
Submitted: 12 days ago.
Category: Law
Expert:  Harris replied 12 days ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:
-How old are you both?
-How long have you been married?
-Do you have any children together, if so their ages and proposed arrangements?
-What is the value of the property, and what is the outstanding mortgage?
-Why is she asking you to leave?
-What other assets and pensions do you both have (both sole and joint), together with values?
-What are your respective incomes?

Customer: replied 11 days ago.
Hi,
Thanks for getting back to me.
-I am 40, my wife is 41.
-We have been married for 5 years
-1 son who is just 4 years old, it has been agreed I will get him a minimum of 2 nights a week and will be able to see him most days.
-The property is worth about £142,000 but we have only lived here for just over a year. Its our first house. I would say there is about £134,000 left on it.
-We don't get on anymore, it has been a gradual degeneration over a few years. Constant arguing and bickering in front of our son which he is picking up on now. Basically we are just friends.
- We have two cars which I am paying for. I took out a £7000 loan to pay for my car (£5000) and pay for house things. Sally has a polo which we have had from new, 4 years ago, which I have paid for from day 1, over £10,000 so far, with another 2 years to go before its paid off. Apparently I'm not entitled to any of that car. Nothing else of high value.
-I earn around £32,000 before tax. not entirely sure about my wifes as she is part time but does some overtime. But somewhere around the £8-9k mark.
-We have no savings, or pensions worth noting.
Expert:  Harris replied 11 days ago.

Thank you for confirming. Given that there is little equity in the property and her appearing not to be able to afford the outgoings, and based on your information you unlikely having the resources to fund this and the former home, you should be proposing for her to move out and for you to move back in as you will be able to meet the outgoings on the property.

Initially this should be attempted through mediation - you can find independent mediators here: http://www.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 once the divorce petition has been issued.

You will both need to provide each other with full and frank financial and income disclosure, as well as disclosure of your reasonable needs. The Court's starting point is a 50-50 split of all matrimonial assets and ensuring that both your needs are met in relation to both assets and income. For your information the criteria considered by the court in these matters is:

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.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you

Expert:  Harris replied 9 days ago.

Hi, this question remains open. If you found my information provided helpful please could you rate my response positively using the stars at the top of this page as I will not be credited for my response without a positive rating.

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