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plclegal, Barrister
Category: Law
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Experience:  Barrister at law
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Ok so this is a bit of a long one. I was in court in march

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Hi. Ok so this is a bit of a long one. I was in court in march and I was told by a judge that I need to go.out and get a job and not rely on my ex husband and to show that I can make the mortgage payments. I have got a job now. Will I be expected to take the mortgage over completely or can i just show that j can pay half of it now and we split it 50/50
JA: What steps have you taken? Have you filed any papers in family court?
Customer: They have had my form e etc
JA: Have you talked to a lawyer about this yet?
Customer: I have a court order to get valuations on my house but I dont want sell it as it's the family home. He has got himself into so much debt that the only way out if it is for him to lay or back is to sell No, I cant afford one. I'm self representing
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I dont think so

Hello, my name is*****’ve been asked to look at this for you, thank you for your patience.

Please bear in mind as this is an email service and not live chat I may not respond immediately.

Can you tell me:

1. Is there much equity in the family home?

2. How much do you earn in your new job?

3. Is your husband living in there property still?

Customer: replied 4 days ago.
Thank you for your response.There is about £70K in the propertyI will be earning just under £12K per yearNo he moved 2 years ago.I am trying to keep my home so my children don't have to move and lose their pets. He offered £450 as spousal maintenance, I didnt realise that was to cover half the mortgage. I dont have a solicitor so they used that to their advantage. I am happy to pay half, he is now saying that this offer is gone and if I get a job we either sell it or buy him out.

Usually the only way to ensure you can keep the property is to be able to meet the mortgage payments, but this can be with spousal maintenance to assist you with this. It would be unusual for him to pay half of the mortgage if he's not living there.

Have you factored in child maintenance payments too? As these will help towards the monthly budget.

The best outcome would normally be for you to remain in the house until the children are adults, and have it sold at this point, but if this is means that he cannot take any of the equity now and you also cannot afford to make the mortgage payments on your own, then it's not a solution the court will be able to recommend I'm afraid.

The children's need for a home is key here. If he earns significantly more then you could ask for a larger than 50% share of the equity, of course, if it were to sell. There's also the issue of private pensions. Has he been paying into a pension at all?

Customer: replied 4 days ago.
I have offered 40% of the sale of the house when our youngest is 18 but he doesnt want to pay the mortgage for another 14 years. He just wants the money nowI can affors to stay in the house and pay the mirtgage but he said that isn't going to stay o. It if thats the case. I cant affors to get a mortgage to that value as he defaulted on ot and I cant even get. Credit card

I understand. The court can order him to remain on the mortgage if you can afford the repayments and it is the only way that there can be a stable home for your children. That's the case that you would have to make to the judge in court.

The judge should have some sympathy for the financial pressure you will be under as a result of your husband's debts.

I hope this helps.

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Customer: replied 4 days ago.
Thank you
Customer: replied 4 days ago.
Can i email his solicitor saying that from a certain date I will take over half the mortgage? Will I be forced to sell my house if he puses for it as a judgebgas already said that it may look like inwill have to

Yes you can email his solicitor. Ultimately it's up to the judge. An order for sale is one of two options, the other is the proposal you are putting forward. The judge has to make the decision about the fairest outcome for all parties.

Customer: replied 4 days ago.
What would you advise I say to his solicitor. Can I ask for 50% of the mortgage as spousal maintenance even tho a judge has already advised that he could get away with paying £1 per year nominal because of the debt he has put himself in?

If this is your proposal then this is what you should put to his solicitor.

Customer: replied 4 days ago.
Thank you. I just know he won't accept it

Then as I said, this will ultimately be for the judge to decide in the end.

Customer: replied 3 days ago.
Would I be expected to get a mortgage in my name to buy him out if I want to stay in it? On paper I can prove that I can afford to pay the mortgage and all my other outgoings and just have the payments come from my account

If that's a possibility then get a quote for this fro a mortgage broker.

Customer: replied 3 days ago.
I'm nit going to get a mortgage for £245k on a 12k salary

Then don't go down that route. Your suggestion was for him to remain on the mortgage but for you to make the payments. This type of arrangement is often referred to as a mesher order - perhaps look this up.