955i Posted February 2, 2013 Report Share Posted February 2, 2013 Hi all, some of you may have seen my thread mentioning that things have gone to the wall pretty much this year, although hopefully I can get out of it even though it is going to be very tough. Me and my ex have been split for two years now and I tried to get her to go to a solicitors the first year we split to get documentation to say that she wanted no part of the house as she left me with it and most of the associated debt. She wanted no part of this as she said that if it then sold for a profit she would miss out on her half, which is fair enough. However, since things have got tough and an intent to repossess letter has been sent (although that is now sorted), I have found out that during a discussion with my mother she let slip that she was now seeking exactly the type of documentation from a solicitor that she refused to get previously as she obviously wants to distance herself from any incurred debt if the worst happens. She has never paid anything to the mortgage as when we were together she paid the childcare and I covered the mortgage, but since the split she has not contributed at all. My question is, if she manages to get the documentation she wants, am I in any way entitled to claim half of the mortgage payments for the last two years from her as it is still in her name too? Quote Link to comment Share on other sites More sharing options...
harrycatcat1 Posted February 2, 2013 Report Share Posted February 2, 2013 I think you need to get professional advice Quote Link to comment Share on other sites More sharing options...
955i Posted February 2, 2013 Author Report Share Posted February 2, 2013 I think you need to get professional advice Will be, but I know plenty on here have been through divorces and thought I'd get some opinions from experience Quote Link to comment Share on other sites More sharing options...
unapalomablanca Posted February 2, 2013 Report Share Posted February 2, 2013 (edited) Hi all, some of you may have seen my thread mentioning that things have gone to the wall pretty much this year, although hopefully I can get out of it even though it is going to be very tough. Me and my ex have been split for two years now and I tried to get her to go to a solicitors the first year we split to get documentation to say that she wanted no part of the house as she left me with it and most of the associated debt. She wanted no part of this as she said that if it then sold for a profit she would miss out on her half, which is fair enough. However, since things have got tough and an intent to repossess letter has been sent (although that is now sorted), I have found out that during a discussion with my mother she let slip that she was now seeking exactly the type of documentation from a solicitor that she refused to get previously as she obviously wants to distance herself from any incurred debt if the worst happens. She has never paid anything to the mortgage as when we were together she paid the childcare and I covered the mortgage, but since the split she has not contributed at all. My question is, if she manages to get the documentation she wants, am I in any way entitled to claim half of the mortgage payments for the last two years from her as it is still in her name too? you need legal advice and you will probably get someone on here that can help shortly. Purely as a gut instinct as i am in no way qualified to advise, i would say that to pursue half the mortgage payments for the last two years would be futile as there are too many parameters. If you can legally do that then why cant your wife claim half of all the child costs from you for the last two years, and imagine the animosity it could fuel.I also think that if you are named on a house then you either end up with an asset or a debt depending on how things have fared, Alll the best. Edited February 2, 2013 by unapalomablanca Quote Link to comment Share on other sites More sharing options...
ST3V3 Posted February 2, 2013 Report Share Posted February 2, 2013 dont know but how i see it is her name is still on the debts and mortgage so she gets the bad debit as you Quote Link to comment Share on other sites More sharing options...
Stovepipe Posted February 2, 2013 Report Share Posted February 2, 2013 Put your question on the UK business forums mate. Ask the question under the 'legal' section, there are some clever people on there offering good, free advice. Quote Link to comment Share on other sites More sharing options...
al4x Posted February 2, 2013 Report Share Posted February 2, 2013 Depending on equity the cheapest option can be to let the bank have the house and deal with it from there, or sell it and settle everything one way or another. That way she has no claw on anything and you are done and dusted. Quote Link to comment Share on other sites More sharing options...
stokie Posted February 2, 2013 Report Share Posted February 2, 2013 It was 18 years ago when me and my ex split . I had to pay 1/2 the mortgage until my name was removed even though she had moved her new bloke in . You should of taken legal advice way before now as nothing ever stays amicable Quote Link to comment Share on other sites More sharing options...
Paul T Posted February 2, 2013 Report Share Posted February 2, 2013 Get professional advice on this and don't take anything here as being 100% correct. Will be, but I know plenty on here have been through divorces and thought I'd get some opinions from experience My opinion then... I went through exactly the same mate and as I recall you are jointly and severally liable for each others debts. I tried to chase for mortgage payments, but it all gets very messy because I should (apparently) have being paying to keep her 'in the manner to which she was used to living'. It all just ends up as a trade off of debts. My advice is to make a note of when you formally separated and add up everything she should have paid you towards the mortgage and any other joint loans since that date. Then work out a 'reasonable' amount you should have paid in maintenance over that period. Add to that any equity in property, bearing in mind you may have to sell quickly. Then take all that information to your solicitor ASAP - it will save time later, but will also give you a benchmark to start from. Best of luck - it's not an easy time. Quote Link to comment Share on other sites More sharing options...
Kes Posted February 2, 2013 Report Share Posted February 2, 2013 I have been through this when I split. The advice I received was that she was entitled to half even if she didnt pay. The fact that she has not paid for 2 years may or may not be relevant - I suspect not, unless she confirms she does not want any part of the house and that will depend on how much equity she might get versus the damage potential of a possible poor credit rating from you missing payments at any time. When I suggested I was prepared to default on the mortgage, allowing the house to be repossessed and sold for peanuts, the mood change somewhat. Take advice ONLY from a solicitor as each case is different. All the best Quote Link to comment Share on other sites More sharing options...
Brown Sauce Posted February 2, 2013 Report Share Posted February 2, 2013 If she's named on the mortgage, then joint and severally liable to the debt. Therefore, unless her name is removed from the mortgage title deed, she'll still be affected by any collection order etc. Regarding her paying solely for the childcare, afraid that if you held a joint account that collect both of your incomes, you'll find it difficult to differentiate between who's paying for what!! So IMHO you'll struggle to get anything out of her for these payments, but be prepared to give your solicitor a large wedge of cash, should you pursue her for it. Best of luck BS Quote Link to comment Share on other sites More sharing options...
Northamptonclay Posted February 2, 2013 Report Share Posted February 2, 2013 If there is no equity in the house and she won't play ball take her down with you, she can't have her name removed if your in negative equity without your permission and also the mortgage companies agreement, Quote Link to comment Share on other sites More sharing options...
sitsinhedges Posted February 2, 2013 Report Share Posted February 2, 2013 Lube up cos you're a bloke and whatever happens you're gonna get bummed Quote Link to comment Share on other sites More sharing options...
ditchman Posted February 2, 2013 Report Share Posted February 2, 2013 my stepsons missus (a god botherer)..took half the house half his money ..some of which was mine and 1/2 his pension...........get a good legal bod... Quote Link to comment Share on other sites More sharing options...
Elby Posted February 2, 2013 Report Share Posted February 2, 2013 You have to start divorce proceedings. Between the decree nisi and absolute your solicitor will sort out the finances. At that point she needs to agree that she wants no money from you and that her name will be removed from the deeds of the house. Your lender won't allow her name to come off the mortgage so you will have to re-mortgage in your name only, if you aren't in a financial position to do this your solicitor can have it written in that you will re-mortgage asap. The problem can arise if there is a lot of equity in the place and if there is and even if she signs a letter saying she wants no money from you the judge can rule that he thinks she is entitled to something Quote Link to comment Share on other sites More sharing options...
clakk Posted February 3, 2013 Report Share Posted February 3, 2013 minefield my ex left me with bolivias national debt as all was in my name,yes i was dumb .get legalADVICE NOW NOW NOW. house car motorbike.,lost it all and hair too .im happily remaried u will rise again happier wiser n older.but forget anything but a good lawyer.ask everyone u know whosw been done who they used .the friends will tell u the truth .the law is an *** u will get stitched for some reason even if your ex tells the judge to fist himself a divorce is the mans fault ,cos the law is a ****.dont know why just is .good luck youl come owt a happier stronger peeps but about now your probably in the hurt locker ATB clakk Quote Link to comment Share on other sites More sharing options...
HDAV Posted February 3, 2013 Report Share Posted February 3, 2013 What ever you do, do nothing until you have a good brief advise you. We're you married ? Or co habiting? Quote Link to comment Share on other sites More sharing options...
eddoakley Posted February 3, 2013 Report Share Posted February 3, 2013 (edited) I have just payed my ex (not married) a lump sum to sign some sort of agreement that says that even though it isnt possible to take her name off the joint mortgage at the moment she now has no right to any potential proffits from future sale. Not exactly the same I know but it does show that if both parties will/can agree to sign something drawn up by a solicitor then things can work. However, as far as the mortgage company is concerned she is still jointly and severally liable for the current debt and I am sure that should I decide not to pay thr mortgage they would still chase her. As far as the original question my opinion is that you would have no chance of getting any money from her and the best thing to do would be what I have done and get her to sign to say that she has no right to the house and that you will remortgage in your name only as soon as possible. That is assuming that you want the house (I wanted mine as I have a couple more in the same street and it made sense to me) Whatever happens keep your head up and remember that it may be tough now but it will all work out somehow. Best of luck. Edd Edited February 3, 2013 by eddoakley Quote Link to comment Share on other sites More sharing options...
Northamptonclay Posted February 3, 2013 Report Share Posted February 3, 2013 How did you manage to get her to sign to say if there's equity it's not yours but if there's debt it's half yours, must have been a hefty lump sum . Quote Link to comment Share on other sites More sharing options...
Alanl50 Posted February 3, 2013 Report Share Posted February 3, 2013 When my ex left me she refused to pay anything toward the mortgage so I payed for2,1/2 to 3 years!! (braindead) before all legal stuff was sorted (nuclear war time I really want to forget) and we sold the house, the mortgage was in joint names, I contacted Halifax building society who the mortgage was with and in a nutshell tough I had to pay even though she was not contributing as we were both 100% responsible for the mortgage, simple if I didnt and she didnt we both be on the bad credit list the house would be repossessed and chances of getting another mortgage with a decent interest rate slim. She wanted more than 50% but only got 50% but she worked hard deserved 50% I will not take that away from her. Good luck and make sure you get the right legal advice and help. Alan Quote Link to comment Share on other sites More sharing options...
eddoakley Posted February 3, 2013 Report Share Posted February 3, 2013 How did you manage to get her to sign to say if there's equity it's not yours but if there's debt it's half yours, must have been a hefty lump sum . She didnt agree to that as such, but I am sure that the mortgage company would contest anything my solicitor has written. I have no intention of not paying the mortgage and as soon as the mortgage company will allow it will be remortgaged in my name as a buy to let. The ex knows that basically I would naver default on the mortgage as in the worst case senario I would pay it off completely. I wanted the house, she didnt want it as much so took the cash. And as for the amount, i think i was happier than her as obviously my negotiating skills were better lol. Edd Quote Link to comment Share on other sites More sharing options...
polester Posted February 3, 2013 Report Share Posted February 3, 2013 When my mates missis left him he tried paying the mortgage and all the debts she left him. She wouldn't sign the divorce papers incase things went better for him then she could swoop in and get some money out of him.He was slowly sinking into a hole and when she declared she wanted half the value of the house he decided he had to sell. Lucky for him he found a cash buyer and sold it for just enough to cover the mortgage and clear the debts. Neither of them got any money but both have clean credit records. She was mad as hell but couldn't do much as the debts were in her name too so she was jointly responsible for them. When he had nothing she signed the papers now he's got a new life with a cracking lass still skint but happy again. So there is always light at the end Quote Link to comment Share on other sites More sharing options...
955i Posted February 3, 2013 Author Report Share Posted February 3, 2013 (edited) When my mates missis left him he tried paying the mortgage and all the debts she left him. She wouldn't sign the divorce papers incase things went better for him then she could swoop in and get some money out of him.He was slowly sinking into a hole and when she declared she wanted half the value of the house he decided he had to sell. Lucky for him he found a cash buyer and sold it for just enough to cover the mortgage and clear the debts. Neither of them got any money but both have clean credit records. She was mad as hell but couldn't do much as the debts were in her name too so she was jointly responsible for them. When he had nothing she signed the papers now he's got a new life with a cracking lass still skint but happy again. So there is always light at the end This is my problem. The loss of half the household income and running a fairly new business has meant I have been struggling for the past two years and as my work is seasonal this winter has caused extra cash flow issues. We are already divorced and like an idiot I left things as they were as it was amicable and I didn't want to rock the boat and potentially upset my small son with Mummy and Daddy arguing. Biggest problem is house is now in negative equity due to the market crash so would lose 10-15K on any sale. In addition my mortgage payment are lower than rent would be on a similar property so would be daft to move while things are tight I don't think she can force the issue without my agreement but I am worried that even when I am all caught up I could be forced to sell the house anyway, which would mean moving back to the West Mids and leaving my son and probably business behind as the majority of my clients are over here and I would not be able to give them the competetive prices I currently can if I had an extra 1 1/2 hrs travel to site. Edited February 3, 2013 by 955i Quote Link to comment Share on other sites More sharing options...
eddoakley Posted February 3, 2013 Report Share Posted February 3, 2013 955i, will she not agree to a similar arrangement that my ex did? If you want to pm me I will give you more details. Basically if there is negative equity you indemnify her against any debt and /or equity. She signs her name off land registry etc but technically stays on mortgage until you can take it on in your name only. If you word it to her now that you are taking on the negative equity so relieving her of the debt you may have more chance of getting her to agree. Forget trying to get anything from her, accept that you have negative equity and just get on with things. assuming of course that you want the house and are able to afford it. Hope you sort it for the best. Edd Quote Link to comment Share on other sites More sharing options...
Ogi73 Posted February 4, 2013 Report Share Posted February 4, 2013 First let me qualify that family law and finance arn't my areas and my advice would be to see a suitably qualified solicitor of family law and or CAB (good luck getting a apointment) or simlar, but from the area of law I do know and using what is transeferable; My question is, if she manages to get the documentation she wants, am I in any way entitled to claim half of the mortgage payments for the last two years from her as it is still in her name too? Simple answer is no, if you had defaulted you would have both been liable and should you sell at this point and make a profit you would have strong grounds for subtracting your payments since you seperated from the money to equity to be divided (if all CSA or maintance paymentsare up to date). She would struggle to get her name of the mortgage without your consent until the tie in period of the mortgage was up. As some have said get the advice from someone suitably qualified. All the best. Ogi Quote Link to comment Share on other sites More sharing options...
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