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Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 33010
Experience:  25 years experience of all aspects of family law
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My husband walked out last week, he has been having an affair,

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My husband walked out last week, he has been having an affair, and has gone to live with her. He has said I can have the equity in the house but I need to take on the mortgage of £150000. I am disabled ( top rate DLA) and cannot get a mortgage. Mortgage is in his name but I have got a class F.
We have been married only 18 months but living together nearly 3 years. I have a resident child of 9.
Does he have to pay spousal maintenance? And what are my rights over the house?
Thank you for your question.
I will do my best to assist you but need some further information first.
How much is the house actually worth
Where were you and the child living prior to moving in with your husband
What other assets and debts are there and what income do you each actually have?
Customer: replied 3 years ago.
The house is worth around £220k the mortgage is for £157k.
We bought the house together. I put £8k in and he put £20k in. We were both renting prior to this.
There are no other assets. He has run up a lot of debt which I only really became aware of in January this year. My mother ended up taking out a £7k loan for us and I borrowed £3k from a friend to pay his legal fees. He has just taken out a £10k loan to repay some of what we owe. I had let my credit card and bank acc go in order to pay his credit cards so I could boost his credit rating. I had created a three stage plan to do this and it has just about worked. Some of the £10k loan then paid my credit card off and some of my overdraft.
The plan was to then use the refund of his pension (not his naval one but through his current employer) to pay off the rest of my overdraft. The long term plan was to remortgage again.
So he has around £6k on cc, a £2k overdraft and a £10 k loan and I still owe my mother £5k aprox. And my friend £1.5 k plus I have £900 left of the overdraft.
Whilst I am waiting for access to work to adapt my room I am only able to do a very small amount of paid work- around £250/ month
What will your income capacity be in the future (at best a guess I know)
Customer: replied 3 years ago.
Not more than £500/month I would guess.
What monthly income does your ex have?
Customer: replied 3 years ago.
£1862/month - salary £800/month naval pensionpension
He pays £430/month CSA for his children from his first marriage. The children are 7 and 11, with no special needs.
Was he in the navy whilst you were together?
Customer: replied 3 years ago.
No he had left 3 months before. He served his full 22 years.
Can you afford to stay in the house (and pay the bills) if there is no spouse maintenance?
Does the father of your child pay child maintenance?
Customer: replied 3 years ago.
Yes I think my parents would try and take over mortgage for me. Then I would get a lodger and I receive enough through DLA, tax credits and maintenance to just cover it and the bills with my wages.
Do you need any more information, if so I can answer it in one go
There is a potential liability for spouse maintenance - but in view of your income from benefits and the short length of your relationship it is a relatively small liability - and that liability would be more than settled if your ex gives you his share of the matrimonial home.
So far as the property is concerned you have the right to live there so long as you are married - and you have a right to a share of the equity - and I believe the court would feel that share should be at least 50%
You could try and persuade the court to give you the right to remain in the property until your child is 18 but given that you were living in rented property prior to moving in I do not think that the Court would agree to it
This is of course an overview - please ask for further clarification if need be
Customer: replied 3 years ago.
So is my best option to not divorce him? I am worried that given his responsibilities to 3 homes now he will default on the mortgage next month. Would I be best to take over all the utilities?
If he is not living in the property then the bills should be in your name in any event.
If he is offering you all of the equity then there is every reason to accept the offer move on and get it turned into a Final Order within Divorce Proceedings.
Again please remember that this is only an overview
Clare and other UK Family Law Specialists are ready to help you

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