Breakups - Houses - any solicitors or been here before?

Just split up with the missus, chucked her out after an affair.

We have a mortgage which is interest only.  I have been the one that pays the mortgage and houshold bills.

The house has no equity, and is probably in negtive equity due to current climate.

I have said I will keep the house as I can afford to pay, and she cant.  But she wants buying out - trouble is theres nothing to buy out is there??!!

So now is demanding "at least ?5000 to take her name off the mortgage"

And untill I do this she is swanning back and forward making my life a misery, and says its still her house too so can come and go as she pleases.  Already changed the locks, but she now comes round when she knows Im in!!!

We also have a 3yr old daughter, for which we are having 50/50 custody.

So where do I stand? Do I actually have to pay her a penny, or can I just pay the ?175 to get her name taken off??(assuming I can get her to sign the form!!)

Cheers

Ross

:twisted:  dont you need a new patio for her?? :wink:

I hear you matey, am having a bonfire in a few days for the old shed, was considering burning her at the stake!!    :twisted:

This can get messy mate best to realy talk to a solicitor. My mate had to get the house vallued and had to pay her half of the profit they had in it to buy her out plus half there savings.

well the best bit I suppose is we aint married, so she has no rights over my personal savings.

Gonna have to go see solicitor about it, but surely I only have to pay her half of nothing, which is ….. NOTHING??!!

rossirvine said

well the best bit I suppose is we aint married, so she has no rights over my personal savings.

Gonna have to go see solicitor about it, but surely I only have to pay her half of nothing, which is ….. NOTHING??!!

Well thats true when my dad split from his girlfriend of 14years he had no rights to house as not married and his name was not on morgage even tho he worked and paid everything and she did not work at all so who knows what they may say as it makes no sense to me plus she used legal aid as said could not afford a solicitor, so i paid her out.

i don't think it is that cut and dry about what you will have 2 give her,even tho you not married,it comes under that common law wife thing coz u have kids.something tells me that if she can prove that she has contributed to the upkeep of the house she can have something,best bet is look for a solicitors that deals with family law and not  crimminal law.
sorry cant be more help,

2 words - be careful!

The age of your child is a real sticking point here……..a good  solicitor will get her the house while you still pay the mortgage until your child turns 18!!!!!

I would give her the 5,000 and hope she hasnt already had that advise  8O

go & see a solicitor asap, im sure most offer first session free…

I will give her a tenner for a taxi round to her new blokes house!! :twisted:


Hmmm, I suspect a legal battle coming, good job I just got made redundant - can get legal aid!!

Ross

You will seriosly loose out any way but best to get a solicitor PDQ.

Couples earnings are seen as joint as far as I can make out, with both parties contributing differant things to the running of the household. Not just about who is the main earner and who pays the bills.

half of zero sounds like zero in a fair deal. But fair doesnt come into it.

Probably not what you want to hear, but best of british.

If this was routine and there was equity in the house then usually you would get it remortgaged or revalued and she would leave with half the equity. If your house has negative equity then she would be jointly liable for the loss. You would offer to allow her to walk away effectively 'paying' her share of the negative equity.

Your problem is that you have a child and their protection is foremost. You need to consult a family solicitor, but be prepared for things to swing towards the child's primary carer.

I would recommend attempting an amicable solution if at all possible as in these cases all both parties end up doing is paying solicitors to send letters to each other.

i feel for you as i have been here before but was a bit more amicable .

how long have you lived together as if you have lived together for more than 2 years she will be treated as your common in law wife

so i would seriously think about getting advice from a solicitor or from the citizens advice

a similar thing happened to a mate of mine some years back, mortgage in both names, the money owed was about the same as the house value and he wanted to keep the house

she wanted money to to take her name off the house and was constantly coming back to the house so he told her her was going to take out a 25k  loan secured on the house and not pay it off so it puts the 2 of them in loads of debt.

she signed over after that, but he did make it very convincing, brochures and price lists for new scooby's , brochures for exotic holidays etc scattered everywhere

gotta be worth a try?

Has this new puddin of a man got a house if so she can go there but would be worth trying to sort it out tourselfs but if you can get legal aid then wel go for it

From my experience (but married and @12+ years ago) and of a few others I know that its happened to, I would try and get her to do things friendly and agree things between yourselves. When you get solictors involved they set each of you against each other and charge you ?1000s on top of everything else for the pleasure. My ex was/is a pyscho so it cost us both alot…..

I also worked with a lad that had a child but wasn't married and he was at a distinct disadvantage not being married. You are in weak position. No matter what the rights and wrongs are, at the end of the day practically every judge/magistrate in the country is going to come down on her side with having a child.

When my folks split it was a bit messy, my dad had to pay my mum 100k (her 1/2 of equity of house) but was not made to pay her any money for my bro and sis even tho they were under 16? Not sure why?

If your mrs is the one that's chose to split the family then doesn't that work in your favour?

Also it might be worth getting in touch with a charity that supports fathers rights,  they might be able to help get custody of your child.

You can never be sure how these go... get a solicitor sharpish mate.

Cheers for replies guys, going to see a solicitor just to see where I stand. I agree though, no matter how little I think of her, I would prefer to get this settled without solicitors battling for us. Managed to sort out everything else amicably, this is just the only sticking point!

Thanks again, at least I have more time to muck about with my mk1 without grief from 'her indoors'!

Ross

rossirvine said

at least I have more time to muck about with my mk1 without grief from 'her indoors'!

Ross

wish i did!