I have to pay her rent?

[TechnicallyLegal]

Re: Access to marital home?

Thanks Amethyst, I suspected as much, and changing the locks was not something I intended doing. She is pushing for a quick divorce on "unreasonable behaviour", which I will not contest. Hopefully, we are almost at agreement in respect of finances, so with some common sense and compromise, we can avoid legal fees.

[Amethyst]

Re: Access to marital home?

You should get a consent order drawn up between you both once agreed, this doesn't add a huge amount to the proceedings and is invaluable later.

I had a clean break order so once the house was sold that was that no claims over pensions/inheritances etc in the future. We agreed a 50/50 split but I was constantly told to take 70% of the house as I'd have been entitled to had I wanted.

Common sense and compromise is good but as I said on your other thread, once one party chucks that out the window, it's difficult to continue without getting formal legal advice yourself, or rolling over and giving everything up.

[TechnicallyLegal]

Re: I have to pay her rent?

The house is being sold for circa £178,000. Outstanding mortgage is £83,000. We have agreed a 50/50 split on equity, and from that, will settle joint debts, again, on a 50/50 split, although a separate agreement is in place in regard some personal injury compensation I am about to receive.

Why will she be likely to get a higher proportion of the house sale? I don't understand this point? What gives her a greater right over the house than me?

[TechnicallyLegal]

Re: Access to marital home?

I do not understand why she is likely to be entitled to 70% of the house? It is being sold, equity to be split 50/50... if she gets 70%, I will face financial ruin, as the equity is funding a new home for me. Without it, I will literally be on the streets.

[Amethyst]

Re: I have to pay her rent?

She's not 'likely' to, but if she is already looking at claiming maintenance it is something you should be aware of that could be argued, it really does depend on your circumstances (which I do not know other than you have broadly similar incomes)

It sounds like you have been good and have got things agreed reasonably between you both, however that she has since gone to a solicitor and come back asking for you to pay half her rent and half her mortgage liability, and that you're worrying about her access rights to the property.... well, things could still change depending what she is told by her solicitor.

She is going to be petitioning for the divorce - have you agreed to who pays the costs of the divorce ?

[Amethyst]

Re: Access to marital home?

Can I stick your threads together ?

All I am saying is it is okay saving a little now and relying on the very good (mostly) advice online but you may be better off spending a little now and getting formal legal advice on a couple of issues that might become contentious from a solicitor who fully knows the circumstances.

[TechnicallyLegal]

Re: Access to marital home?

Yes, please move the threads as you see fit - you are in charge after all :tinysmile_grin_t:
A consent order is something i am proposing to her, and have offered to pay for, as a gesture of my integrity and goodwill...

[TechnicallyLegal]

Re: I have to pay her rent?

I don't think she is going to claim maintenance, in fact, I would suggest it's not something she has even considered knowing as she does I am not in a financial position to support her anyway.
We have agreed to share the costs of the divorce. I am trying (insofar as is reasonably practical) to resolve this on a 50/50 split, plus taking sole responsibility for a credit card debt.

[Amethyst]

Re: I have to pay her rent?

Good, this 50/50 on her rent and her share of the mortgage is the bit we haven't got to the bottom of then.


(merged everything)

[TechnicallyLegal]

Re: I have to pay her rent?

Good, this 50/50 on her rent and her share of the mortgage is the bit we haven't got to the bottom of then

It has been suggested on Wikivorce that she shouldn't be liable for the mortgage as I have sole use of the house. However, on my own, I can't afford the mortgage, so I may suggest to her she continues to pay as agreed, and I will 'refund' her out of the equity we get from the house sale. This will ensure there is no default on the mortgage payments. Sound like a plan? Unless someone else can throw some light on the legal situation here?

[wales01man]

Re: I have to pay her rent?

Talk to her she and you are the only ones who can easily sort this you can offer a written agreement regarding the equity if she carries on helping to pay.

[Amethyst]

Re: I have to pay her rent?

Legally, the house is joint and severable so either one of you is liable for the full amount. She has no obligation to pay it, neither do you, other than under the mortgage which means someone has to pay it or you lose the house, and they can chase whichever of you they fancy is good for any shortfall.

If you can't afford the mortgage on your own, and she can't afford to rent her own place AND pay a share of the mortgage you have a little bit of a problem,

Can you change the mortgage to interest only while you wait for it to be sold, might reduce the amount you have to pay out ?

[TechnicallyLegal]

Re: I have to pay her rent?

The house is sold, subject to contract. We are trying to move things through as quickly as possible now. Luckily, there is no chain on the buyer side, and they are cash buyers too... fingers crossed.

[Amethyst]

Re: I have to pay her rent?

Brilliant We're waiting for surveys to be done from cash buyers too, I thought cash would be so much quicker than it is, but I suppose 'here's a suitcase full of crisp notes, here's the keys' doesn't work in the real world.

Hopefully then you just have a few weeks to get through.