'Can I Get Divorced and Still Keep a Roof over My Head?' ; ASK SINDIE

The Independent on Sunday (London, England), May 27, 2007 | Go to article overview
Save to active project

'Can I Get Divorced and Still Keep a Roof over My Head?' ; ASK SINDIE


Facing the end of a 26-year marriage, a reader is struggling to cope financially

Having separated from my husband of 26 years and begun divorce proceedings, I'm desperate not to lose my house.

My problem is that my husband - who pays half the mortgage - wants to come off the deeds and stop paying me anything. He has a new partner and a baby on the way, and needs every penny he can get.

What can I do?

If he is removed from the deeds, I'll never get a mortgage on my own income to enable me to keep the house, which I very much want to do.

I earn [pound]15,500 a year, and my two sons, who both work full time and live at home, pay me [pound]160 a month each. My new partner is willing to help but I feel it's very early days for us. To commit to a mortgage at this stage would be unfair to him.

The [pound]135,000 mortgage I currently have with HSBC costs [pound]676 a month. I have switched the payments to make them temporarily interest only, to help reduce my outgoings.

We also have a second mortgage - this time of [pound]30,000 with First Plus - the monthly payments for which are [pound]331. That makes a total debt to pay on the house of [pound]1,007 each month. My husband pays me [pound]620 towards this.

Separately, I have had to go to the bank and take out a loan to pay off an overdraft and credit card that he left me with. I feel very bitter that I am having to pay for this.

My husband says that if he comes off the deeds, he is prepared to forfeit all rights to any profit from the house if it should be sold - but as it would probably only fetch about [pound]200,000, that would leave hardly anything to enable me to start again.

Do I need to go to a solicitor to sort this out? I was quoted a fee of [pound]5,000, which seems an awful lot.

ST-S, by email

There are various ways estranged couples can try to sort out their finances, says Joanne Bennett, senior family law solicitor at the firm Woolley & Co. "These are to reach an informal agreement between yourselves; to go to mediation; and to negotiate via solicitors."

Mediation - meeting formally without legal advice - could be the most effective route, as well as being relatively inexpensive compared with using solicitors, says Ms Bennett, but it relies on both ex-partners working together.

In the case of divorce following a long marriage, assets, income, pensions, etc, are not simply divided straight down the middle.

The rest of this article is only available to active members of Questia

Sign up now for a free, 1-day trial and receive full access to:

  • Questia's entire collection
  • Automatic bibliography creation
  • More helpful research tools like notes, citations, and highlights
  • Ad-free environment

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
Loading One moment ...
Project items
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

Cited article

'Can I Get Divorced and Still Keep a Roof over My Head?' ; ASK SINDIE
Settings

Settings

Typeface
Text size Smaller Larger
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

While we understand printed pages are helpful to our users, this limitation is necessary to help protect our publishers' copyrighted material and prevent its unlawful distribution. We are sorry for any inconvenience.
Full screen

matching results for page

Cited passage

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

Cited passage

Welcome to the new Questia Reader

The Questia Reader has been updated to provide you with an even better online reading experience.  It is now 100% Responsive, which means you can read our books and articles on any sized device you wish.  All of your favorite tools like notes, highlights, and citations are still here, but the way you select text has been updated to be easier to use, especially on touchscreen devices.  Here's how:

1. Click or tap the first word you want to select.
2. Click or tap the last word you want to select.

OK, got it!

Thanks for trying Questia!

Please continue trying out our research tools, but please note, full functionality is available only to our active members.

Your work will be lost once you leave this Web page.

For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

Already a member? Log in now.

Are you sure you want to delete this highlight?