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I have posted under legal the general outline of my divorce but was hoping someone could help with a specific query:
I have been living in the house and paying the mortgage for the past 3 years.
Verbally agreed that I could not pay maintenance and mortgage.
Wife moved abroad.
Have been told by lender that I will be 100% liable for the mortgage if it is not paid as my wife is no longer a UK resident.
I do not earn anywhere near enough to be able to take on the mortgage (I earn around £20k, mortgage is £122k)
Lender has authorised renting but I prefer to remain in the house while I am liable.
Negative equity has reduced from £20k to around £5k.
I've now received a proposal for a court order for maintenance of 250€ from my wife's country, although the CMS calculator indicates I should be paying around £100.
I simply can't afford to pay this with the mortgage. I could sell and accept the debt or continue living in the house and reduce the negative equity. I could also stop paying the mortgage and wait for the lender to take me to court.
I have an excellent credit rating and prefer to do the right thing, until it no longer works. Can I insist on my wife paying towards the mortgage/debts if I am forced to pay the maintenance order? I can pay the mortgage, or sell and pay the debts or pay the maintenance order, but not all three.
Hi Gary
I've posted on your other thread, but this actually gives some more information. I would, as a matter of urgency, contact the CMS and see if you can open a case with them and also contact REMO and see if that will then take priority - it's possible that a court in eastern europe may be bound by the CMS case and that will save you a lot. I posted on the other thread my thoughts about selling - I think if you can stay and pay interest only, then you will be financially better off. Also, you could look at the rent a room scheme for letting out one room of your house - you can get up to £4250 per year and not have to pay tax on it. https://www.gov.uk/rent-room-in-your-home/the-rent-a-room-scheme
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