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UKfamsol, Family Solicitor
Category: Family Law
Satisfied Customers: 560
Experience:  Very experienced specialist family law solicitor, qualifed in 1994
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my husband has just left me for another women and i like to

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my husband has just left me for another women and i like to know where i stand with our house which we own
Hello and thanks for your question.

I need a bit more information to be able to answer:

Is the house in joint names?
Are you now thinking of divorce?
What is the house worth approximately? How much in total is the mortgage (if any) on the house?
What other assets and debts are there?
What income do you each have from all sources?
If you have any children, how old are they, and are they staying with you?
Customer: replied 3 years ago.

the house is in joint names

im not dont know about him, the house is worth £250 thousand the morgage isabout £82 thousand left to pay i think, no other assets or debts my income is £1.114 a month is i think is £1.400 a month

i have two girls left at home one 21 the other 23

Hello again and thanks for the extra information.

Firstly I can reassure you that as the house is in joint names, it cannot be sold without either your consent or a court order.

However, it's important not to allow the mortgage to get into arrears, to avoid the building society eventually applying to court for a possession order. Regardless of the fact that your husband is no longer living at the house, he remains jointly liable (with you) for the whole mortgage whilever his name remains on the mortgage deed, so if the mortgage gets behind, the building society can chase after either one of you.

If your husband is not going to pay his share, do what you can (perhaps with help from your daughters?) to keep the mortgage going. It's a good idea to contact the building society to let them know the situation - that your husband has moved out - then the building society may be prepared to give you a "payment holiday" for eg 6 months or so, for either no payments at all for that period, or at least for interest-only payments.

If the split with your husband is permament, the ideal scenario is to get his name off the title deeds and off the mortgage. In order to do that, you would need to buy out his interest in the house. The amount is negotiable and will depend on various factors eg your relative income, whether you need to be able to provide a home for your girls into the future etc. The equity in the house is £250,000 less £82,000 = £168,000, so if his share is 50%, then you would need to give him £84,000. Given that your income is less than his, and he has alternative accommodation and is living in a household with two adult incomes (I make that assumption!), you could argue that his share should only be 40% instead of 50% of £168,000 which is £67,200 - but whatever percentage share for your husband is agreed between you or ordered by a court, it is unlikely to be less than 35%.

If his share is 40%, that means to be able to stay in the same house, you will have to raise £67,200 to buy him out - usually done by remortgaging - plus get the existing mortgage of £82,000 transferred into your sole name, ie take on a mortgage of £67,200 + £82,000 = £149,200. To get a building society to agree to give you a mortgage of this size, your annual income will need to be £149,200 / 3 =
£49,733....or possibly, £149,200 / 4 = £37,300 ......but I suspect from the net monthly figure you have given me, it is much less than either £49,733 or £37,300.

That means that you may have to sell the house. I'm estimating that your gross annual income is about £20,000, which means that you could get a mortgage of £20,000 x 3 = £60,0000, or possibly x 4 = £80,000. With your 60% of the equity of £168,000 =
£100,800 for a deposit, you have a purchasing power of £100,800 plus £60,000 = £160,800.

Would you be able to find a smaller property to buy in your sole name at around

At the moment you are not thinking of divorce. If that changes, and if either one of one decides to file a divorce petition at court, the family court then has the power - but only if either one of you applies to the court - to make orders to decide how the assets of the marriage should be divided between you, if you cannot agree. This could be to order that the house is sold, or not, and if so, what share of the sale proceeds you should each receive.

Even without divorcing, you and your husband could agree what is to happen to the house, and that agreement could be drawn up into a separation agreement (also called a post-nuptial settlement) by a solictor for you to both to sign, so that there is no ambigouity about what has been agreed. If a divorce petition is filed at court, then that agreement can be made legally-binding as a consent order without either of you needing to attend court.

You can negotiate an agreement either between yourselves, or via solicitors or via mediation. The family court anyway now requires the parties to have attempted mediation before it will consider an application to court. Here's where to find a local family mediation service:-

I think you would also enefit from some face--to-face legal advice. Here's where to find a specialist family law solicitor near to you:

It may be that before taking any of the steps I've outlined above, you would like to talk through with a trained counsellor what can be done to save your marriage. Here's where to find your local Relate (formerly called Marriage Guidance Council):-

I hope this helps and I wish you the best of luck.

Thanks and best wishes...

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