My husband wants to separate after 8 years. We have one child aged 2, I have three older children between 15 and 20 from a previous marriage. Our house is mortgaged (£180K), with a second charge on the property in favour of my father (£45K) and in negative equity (by c£15K)When we married I owned the house with a mortgage in my own name but when we ran up debts from problems with a builder, his redundancy and inability to budget we consolidated the debts and he had to come in on the mortgage as I had insufficient income to cover the new mortgage.He has a bad credit history so most of our joint debts are in my name on credit cards, c£7K. Only money to come is from the probate sale of a property left to him by his uncle, c£8K. He has contributed towards house during our marriage.He wants:to walk away from the house leaving all possessionsfor me to take the mortgage on on my own (which would mean status quo since my income wouldn't stack up for a £180K mortgage even including benefits and child maintenance arrangements from previous marriage as nothing currently in place re child maintenance yet from our separation)to obtain a legal document that says he doesn't contribute to the house any longer but that he wouldn't stand to gain from any rise in property value either to use the £8K from his uncle's will to set himself up on his ownHe has a loan of £7.5K but nothing much on credit card since his bad credit does not enable him to run up credit card debtHe earns £24K pa from his job in a bank but also works a couple of shifts in a bar per week that normally total £2.5K paI earn £27,000 paIs his proposition fair? Thanks
Province/Country relating to question : UK
Citizens Advice Bureau
Phone calls to mortgage brokers
Phone call to tax credits office re benefit
District Council re housing
Hello,I will do my best to help you with this.It seems reasonably fair. He is not trying to cut you out of anything, other than the £8k inheritance but then you are getting the house, which you admit he has contributed to. If you want to resolve this all neatly, I would recommend that you ask a local family law solicitor to prepare a Separation Agreement for you, which will clearly set out all of the terms you have agreed.John
Shouldn't he be offering to help pay the credit card debt in my name since I haven't run that up on my own? It's been used when there's been a shortfall since he is unable to have credit owing to his credit history issues (he regularly misses payments or.they're late as he spends money eating out and drinking, a bit of gambling). Also, when we consolidated debts into mortgage a percentage was for debts he had run up when he was younger and could obtain credit, 2 car loans and a large credit card bill. Money will be tight and I feel agressed at paying off on my own. Over child maintenance paymeny, which will be minimum, shouldn't he be making a contribution to the debts he's leaving behind that will ease my future monthly budget? Thanks
Relist: Other.Solicitor not on line ...
HiIs the money repayable to your father likely to have to be repaid or was it to protect your interest in the property?Claire
Claire, the money to my Father is repayable. Currently costing an interest only payment of £135 pcm
On that basis it is hard to see what you are getting out of this settlement - he has what little free money there is and you are left with a load of debt,
The fact that the house will eventually be worth something (hopefully) is neither here nor there - the court deals with the assets as they are not as they will be.
Yes his name remains on the mortgage - but frankly I would want some assistance with the family debt as well
Thanks for that Claire
So, the court wouldn't look favourably on his proposition then? If we summed up the family debt by means of:
what's outstanding on credit and store cards (one of them is for Burtons - his suits and shoes)
and a percentage (to be determined) of the mortgage as his debts are rolled up in it
Would it fair to say he needs to pay:
1. Half of the credit card debt, which would reduce my monthly outgoings? If by monthly payment, would it be half of the minimum payment on each of the cards?
2. A payment towards the mortgage to cover a proportion of his debts?
Also, am I entitled to half of the £8K from the will - he says he intends to use this to set himself up on his own as he is not taking any possessions from the house.
Thanks very much
I am afraid that it is unlikely that he will be required to pay anything towards the mortgage at all.
It is more l likely that he will have to share the cash with you so that you can pay some of your debts off - and that if there are any debts that are exclusively his he will have to settle them
Claire, thanksHe says he will pay me £50 pcm towards credit card debt for 5 years (???) but denies the card is a joint debt! Frustrating but to be expected I guess. He thinks he's doing me a favour continuing to pay for the sofas even though when my Father helped us out he was given the money to pay them off but spent the money on I don't know what - can't prove this now though (and lied about it for a good few months until he missed a payment and I had to help out). Do I stand much chance of getting half of the inheritance or is it a long shot? Would I need to prove what debt has been added to the card? Although a large part of it is in favour of Tesco he says this could have been spent on anything - even though he knows it's shopping - not toys, clothes or any else that Tesco sell.What is the likely cost, ballpark figure, on drawing up a Separation Agreement?He also wants our 2 year old son to sleep in his new residence once he gets settled for one night per week. However, he knows this makes me nervous as husband does not usually wake if our son cries as is a heavy sleeper, snores loudly (!) and is also a drinker. Until our son is old enough to sleep in a bed which he could and would get out of in the night to go and wake his Dad I would not willingly agree to this. I am very upset to think that our son could and probably would wake some nights and cry until very distressed. I can't understand why he would want our son to go through this. I promote my son and his Dad having a relationship but my son's wellbeing has to surely come first? What can I do??
HiI do not think the offer is a good one at all - not least because I do not think he will stick to it.A Separation agreement - if you agree the terms should cost about £300 to £400 plus VATIf your ex has a real drink problem then your position on contact is reasonable and you should stick to itClaire
Thanks, XXXXX XXXXX see I've got a fight to get a fair deal. We are unlikely to agree terms, what would a likely cost be for the courts to decide?If we were to sell the house in negative equity and we were £15k short on paying back my Father. Would my Father lose the money or would we both be liable for £7.5K each?Re the drink problem - he's in denial - so would struggle to prove that one too - what happens then?Kirsten
HIThe Court will NOT order the sale of the property at this time so long as you can pay the mortgageIt could cost more than the amount you are arguing over to go to court I am afraid = although it is possible that the court will order that he pays all the debts - an order that only works if he doesHair strand or blood testing will prove the alcohol issue if need beClaire
25 years experience of all aspects of family law
Thanks for all your advice :) Best wishesKirsten
HiYou are most welcome - good luckClaire
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