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Hi all,
Ex moved out in March 2013 and we have a final hearing in Jan 2014 where the residency of our children will be decided.
The family home is in joint names and I wish to keep it and give her half the equity , minus the mortgage payments since March 2013,to which she is entitled to.
She is unlikely to be happy with this and I am wondering what she can do in this instance.
Can she prevent me remortgaging, as it is in joint names?
Regards,
Dave
Probably worth having a word with the CAB about this, but I would say that, at present, she can prevent you from re-mortgaging as she would be on the mortgage, but I would speak to the mortgage company, and tell them that you are planning to buy her out. Also raise this as part of the divorce - if you present them with a fair calculation and at least two valuations (and take the average), I would say that a court may well order that she sells her equity to you - especially since you can point out that you would be saving her from a share in the estate agents fees, so she'd be better off selling it to you than anyone else.
If you get residency of the children then won't she be liable to continue to pay for the mortgage jointly, after all it's the children's home. Just as mothers aren't made to sell a property whilst the children are minors wouldn't the same apply. You would also be entitled to maintenance etc.
π
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