Mortgage and legal stuff

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  • #51941 Report


    Hi I’m looking for some advice before i speak to my husband about the separation. The separation is his choice not mine. We have a 9 year old daughter. We have a joint mortgage and i would really like to stay in the house. I’ve worked out my finances and i could afford to keep the house but the bank wouldn’t let me have the mortgage in my name only. So if he kept his name on the mortgage he would still be able to rent somewhere? Also if i pay the mortgage myself from now on and in the future i have to sell, would his share be less than mine as he stopped paying towards it? I don’t think he can make me sell til our daughter turns 16. I’ve looked at his finances and i think he may struggle to afford to live on his own, I’m willing to help in any way i can but i need to put my daughter first. Any help or advice would be greatly appreciated. This is all new to me and i never thought I’d be having to do this. Thanks

    #51943 Report


    Hello Nbem11.

    I have replied before on one of your other posts.

    I am in a similar situation regarding the house and circumstances. I’d advise you get legal advice about this so whatever agreement you both come to it is watertight.

    A Mesher Order is an order that stipulates the house cannot be sold until a child finishes full time education unless their is a trigger event which can be remarriage or cohabitation with a new partner.

    My ex is now renting another place. His name is still on the mortgage. I didn’t want to sell the family home as it is our child’s home and security and they didn’t ask for their dad to leave. I was not able to buy him out. He declared he could not afford his half of the monthly mortgage payments. We have come to an agreement where I pay his half of the mortgage along with my own until the house is sold. When the house is sold, he will have to pay me back out of his share of the sale, all the monthly mortgage payments I have made on his behalf.  So far it works.

    He wanted me to sell after he left as he wanted to buy a property. I pointed out that he chose to leave the family home and refused to address and help fix the issues.

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